quid pro quo harassment; plaintiff never accused Dr. Crabtree of attempting physical contact, soliciting sexual intimacies or threatening her with failure in order to obtain sexual favors. The issue is whether plaintiff because of her sex was in a harassing or abusive environment at Horsham with Temple's tacit or explicit consent.
It is undisputed that almost from the moment plaintiff began her psychiatric clerkship at Horsham, its staff was concerned about the appropriateness of her behavior. In plaintiff's first contact with the Young Adult Program, she attempted to convert an exercise in which a patient was to interview plaintiff into an interview by plaintiff of that patient. Early in her clerkship, plaintiff made what Horsham staff members regarded as unsuitable remarks at several sessions, including a psychodrama, staff rounds, and a community meeting. For example, at the Young Adult Program's community meeting, the patients argued about whether to watch football on television. Although the meeting was to encourage patients to work out their disagreements and develop the ability to self-govern, plaintiff interjected a solution by proposing a sign-up list. According to Dr. Cram, any member of the staff could have suggested this solution; plaintiff failed to understand the purpose of the meeting for the patients.
Following these incidents, Dr. Crabtree initiated a private meeting with plaintiff to discuss her disruptive behavior (the "first private meeting"). Both plaintiff and Dr. Crabtree agreed that he used the word "attractive" to describe plaintiff, referred in some context to staff rivalries or jealousies, and told plaintiff that she should refrain from asking many questions and keep a low profile.
But they disagreed on other aspects of this December, 1979 meeting. Beginning in August, 1980, plaintiff claimed that Dr. Crabtree said he was attracted to her, her attractiveness was such that he could barely stand to look at her, her attractiveness caused staff jealousies, and she should keep a low profile to avoid drawing attention to herself. Dr. Crabtree agreed that he mentioned plaintiff's attractiveness, but denied that he stated he was attracted to her. He explained that he commented on plaintiff's attractiveness because, as a teacher and a psychiatrist, he felt it was important to say something supportive to any person before saying something negative. According to Dr. Crabtree, he also intended to make plaintiff more sensitive to concerns of clinical psychiatry; as part of that lesson, he thought she must be made aware of how she might be viewed by others. Dr. Crabtree explained that his reference to staff jealousies was another way of softening his criticism. He was attempting to put criticism of her performance in a softer light by explaining that the nonphysician staff members need to maintain control over aspects of the program and dislike threats to their authority by third-year medical school students.
Both plaintiff and Dr. Crabtree presented witnesses in support of their version of this first private meeting. Dr. Cristol testified that in his conversations with plaintiff immediately thereafter, she did not claim that Dr. Crabtree stated he was attracted to her nor that the hostile environment she perceived at Horsham was a result of sexual harassment or discrimination. Dr. Cristol's testimony was contradicted by that of Dr. Daniel Yellon, Assistant Professor of Anatomy at Temple, who was plaintiff's boyfriend and confidant at the time of the first private meeting. Dr. Yellon testified (without objection) that plaintiff told him that Dr. Crabtree told her he was overwhelmed by her beauty and she told this to Dr. Cristol. Plaintiff also had a conversation with Associate Dean Smith after she received her failing Psychiatry grade in April, 1980. His notes reflect that plaintiff stated that Dr. Crabtree told her he "didn't want anyone to think she was coming to his office because she was attractive."(Exhibit D-11). Plaintiff did not mention then that Dr. Crabtree said he was attracted to her nor did she refer more generally to any sexually motivated harassment.
Plaintiff's early formal statements also made no mention of sexual harassment. Her first written report of the incident was a statement prepared for the first Executive Faculty meeting on July 2, 1980 (Exhibit P-62). In that statement she wrote:
Dr. Crabtree called me into his office during the first week of my rotation and told me how attractive I was and how he detested students that ask too many questions during conferences. He said that students are reinforced to ask questions so that their superiors can show off their knowledge and ordered me not to speak at any group sessions or department conferences. He then commented again on how attractive I was, and how I should not think he had any ulterior motives, only that he was concerned about staff jealousies.
This statement supports Dr. Crabtree's version of the conversation. Plaintiff did not then mention that Dr. Crabtree said he was "attracted to her;" she stated that he discussed staff jealousies in the context of disliking students who were assertive.
At the second Student Promotions Committee meeting on July 7, 1980, Ethel Weinberg, M.D., asked plaintiff directly whether she had ever been sexually harassed at Horsham and plaintiff replied "no." In her statement to the July 9, 1980 Executive Faculty meeting (Exhibit P-63), plaintiff did refer to harassment but only in referring to Dr. Crabtree's order not to speak for the duration of her clerkship.
It was when plaintiff prepared her August, 1980 statement to the Ad Hoc Appeals Committee, after engaging lawyers on her behalf, that she reported Dr. Crabtree had made explicit sexual remarks. In this statement, she described their conversation as follows:
He said he wouldn't want anyone to think I had come to his office because he was attracted to me. I said, "Why would anyone think that?" He said, "Because I am." He also said that I was so beautiful that he could barely stand to look at me. I was very upset by this and don't recall all of the details of what was said at this point. I do recall crying. Dr. Crabtree also said he was concerned about "staff jealousies." He made some comment about my asking questions. I told him that people had always found my questions helpful. He responded that the only reason that my superiors encouraged me to ask questions was so they could show off their knowledge.