425 F.Supp.3d 116
E.D.N.Y2019Background
- Plaintiff Keri Hauff, the only female officer in Farmingdale State College’s University Police Department, alleges repeated sexual harassment by Chief Marvin Fischer from 2005–2018, including leering, comments, unwanted touching, and a 2015 buttocks slap.
- Hauff complained to the College’s Title IX coordinator in Sept. 2015; an informal Memorandum limited communications but was modified because it proved impractical.
- Hauff submitted journal entries of continuing harassment in Sept. 2017 and filed a new Title IX complaint in Aug. 2018 after missing files were discovered; a panel substantiated her complaint and Fischer resigned, though he reportedly returned to campus on occasions.
- Hauff sued SUNY, Farmingdale State College, and Fischer alleging Title IX hostile work environment and NYSHRL claims; she also alleged Fischer aided and abetted violations.
- Defendants moved to dismiss raising Eleventh Amendment immunity for NYSHRL claims, arguing Title IX does not create an employee employment-discrimination remedy (or is displaced by Title VII), individual liability under Title IX is not permitted, some claims are time-barred, the Faragher/Ellerth affirmative defense applies, and punitive damages are unavailable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eleventh Amendment immunity for NYSHRL claims | Hauff did not oppose; Title IX abrogates state immunity (argued elsewhere) | SUNY/College and officials (official capacity) are arms of the State and immune from NYSHRL suits in federal court | Dismissed NYSHRL claims against SUNY/College and Fischer in official capacity (Eleventh Amendment) |
| Availability of Title IX for employee hostile-work-environment claims against institution | Title IX provides a private remedy for employees independent of Title VII; no nexus-to-education requirement | Title VII is the exclusive remedy for employment discrimination and Title IX should not supplant Title VII; need nexus to educational program/activity | Denied dismissal — court finds Title IX may be asserted by employees of federally funded institutions and rejects grafting a separate nexus requirement |
| Individual liability under Title IX (Fischer) | Hauff sued Fischer individually (aiding/abetting and Title IX claims) | Title IX does not authorize suits against individual employees | Title IX claim against Fischer dismissed (no individual liability) |
| Timeliness / statute of limitations | Hauff invokes continuing-violation doctrine and equitable tolling to include pre-2015 acts | Defendants say incidents before Dec. 20, 2015 are time-barred | Continued violations doctrine plausibly pleaded; pre-2015 acts may be considered as part of an ongoing hostile environment (claims survive pleading-stage timeliness challenge) |
| Sufficiency of hostile work environment allegations under Title IX | Alleged frequent comments, touching, butt-slap, encroachment, and inadequate institutional response | Defendants argue conduct not severe or pervasive enough and institution responded appropriately | Court finds allegations sufficient at pleading stage to state hostile environment and adequate notice/deliberate indifference possible |
| Faragher/Ellerth affirmative defense | N/A (Hauff argued College was deliberately indifferent) | Defendants assert they prevented/corrected and Hauff failed to use remedies | Dismissal on this defense denied at pleading stage (factual dispute unresolved) |
| Punitive damages availability under Title IX and NYSHRL | Hauff sought punitive damages | Defendants argued punitive damages are unavailable under Title IX and NYSHRL | Punitive damages dismissed as to all defendants (punitive damages not available under Title IX; NYSHRL also bars punitive damages) |
Key Cases Cited
- Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992) (Title IX authorizes monetary damages)
- Cannon v. University of Chicago, 441 U.S. 677 (1979) (implied private right of action under Title IX)
- North Haven Bd. of Educ. v. Bell, 456 U.S. 512 (1982) (Title IX coverage extends to employees of federally funded programs)
- Jackson v. Birmingham Bd. of Educ., 544 U.S. 167 (2005) (Title IX retaliation claim available to employees)
- Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246 (2009) (Title IX does not authorize suits against individuals)
- Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (employer defense to supervisory harassment)
- Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998) (employer defense to supervisory harassment)
- Barnes v. Gorman, 536 U.S. 181 (2002) (punitive damages unavailable under Title VI; relevant to Title IX damages analysis)
- Johnson v. Railway Express Agency, 421 U.S. 454 (1975) (plaintiff may pursue remedies under multiple civil-rights statutes)
- Purcell v. New York Inst. of Tech., 931 F.3d 59 (2d Cir. 2019) (Title IX claims in this Circuit subject to a three-year statute of limitations)
- Yusuf v. Vassar College, 35 F.3d 709 (2d Cir. 1994) (Title IX supplements civil-rights protection in education)