In Graf v. Morristown-Hamblen Hospital Ass'n, decided Wednesday by Sixth Circuit Judge Karen Nelson Moore, joined by Judges Richard Griffin and John Nalbandian, Graf—a nursing assistant technician—said that Ogle, a security guard, "had raped her" "during a lunch break and on hospital grounds." The hospital "determined that the sexual interaction between Graf and Ogle had been consensual," and fired "Graf on the grounds that she had violated hospital policy by having intercourse while on the clock and in an unauthorized area." (Ogle was also fired.)
Graf sued, claiming she was retaliated against for having brought the complaint, but the jury "returned a verdict in favor of MHHA on all counts." The court affirmed; here is an excerpt of the facts:
Records obtained during the discovery process indicate that Graf and Ogle began texting on June 19, 2021. The two exchanged hundreds of texts over the course of the next several months. According to Graf, the two were "work friends, and that was it."
But according to Ogle, although the relationship started off friendly, the two began discussing that they "were both part of the BDSM world" and having intimate, sexual conversations. Graf admitted to having discussions with Ogle about various topics, including her past abusive relationships and intimate sexual matters, but stated that Ogle always initiated sexual conversations and that they never discussed having relations with each other. The two also met "on a regular basis" during their breaks, meeting in a "numerous amount of spots" including stairwells around the hospital.
One day in June 2021, Ogle texted Graf and asked her to meet him for lunch. Graf agreed to meet, and Ogle guided her to the security office—a location that was on the hospital's campus but where Graf was not authorized to be—via text messages. Graf did not clock out, because she was not required to do so during breaks, and she had a coworker cover her during the break.
