407 F.Supp.3d 119
N.D.N.Y.2019Background
- J.W. Wiley, an African‑American male, was Director of the Center for Diversity, Pluralism, and Inclusion at SUNY Plattsburgh from 2000; an informal, unsubstantiated sexual‑harassment complaint in 2004 led to campus rumors about him.
- In 2010 and again later, classroom complaints and criticism from members of the Gender & Women’s Studies (GWS) department produced additional allegations; Wiley complained to SUNY President John Ettling about bias and a hostile work environment.
- In February 2018 Vrinda Kumar (a former Student Association president interning in the Title IX office) questioned Wiley’s former assistant; Title IX coordinator Butterfly Blaise (also a GWS professor) encouraged people at a large public forum to come forward with allegations; flyers alleging sexual harassment of students were posted on campus.
- Wiley repeatedly complained to Ettling, posted a public Facebook rebuttal, and stated he might sue; on March 8, 2018 SUNY placed him on alternate assignment and barred him from campus; he filed an EEOC charge in April 2018 and was fired June 22, 2018.
- Wiley sued SUNY Plattsburgh, Ettling, Blaise, Kumar, and the Student Association asserting Title IX claims, §1983 First Amendment retaliation, Title VII race and sex discrimination and retaliation, and NYSHRL aiding/abetting; defendants moved to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal liability under Title IX for individual defendants | Wiley alleged that Ettling, Blaise, Kumar, and the Student Association participated in sex‑based discrimination/investigatory abuse | Title IX does not impose individual liability | Dismissed: no personal liability under Title IX for individuals (Fitzgerald) |
| State‑law claims and NYSHRL aiding/abetting against SUNY and individuals | Wiley asserted NYSHRL discrimination and aiding/abetting claims against SUNY and individual defendants | SUNY invokes sovereign immunity; individuals cannot be liable for aiding/abetting if primary NYSHRL claims against state entity are barred | Dismissed: sovereign immunity bars state law claims against SUNY; aiding/abetting claims against individuals dismissed |
| §1983 First Amendment retaliation against Ettling (protected speech) | Wiley contends his complaints to Ettling and his Facebook post were protected petitioning/speech and that removal/termination were retaliatory | Ettling says the speech was not public‑concern speech and thus not protected; official‑capacity §1983 claims barred | Partially permitted: §1983 claim allowed to proceed based on Wiley’s complaints to Ettling about Title IX corruption (public concern); claim based on Facebook post dismissed as personal grievance; official‑capacity claim dismissed |
| Title VII discrimination and retaliation; Title IX claim vs. Student Association | Wiley alleges race and sex discrimination/retaliation (termination) and claims Student Association promoted sex‑based stereotyping and solicited complaints | Defendants argue allegations are conclusory, lack facts showing discriminatory motive or similarly situated comparators; Student Association says no role in investigation/termination | Discrimination claims (Title VII/Title IX/NYSHRL) dismissed for failure to plead facts supporting inference of discrimination; Title VII retaliation claim against SUNY survives (timing, EEOC filing, and adverse action support inference); Title IX claims against Student Association dismissed |
Key Cases Cited
- Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246 (2009) (Title IX does not create individual liability)
- Connick v. Myers, 461 U.S. 138 (1983) (public‑concern test: content, form, context)
- Lane v. Franks, 573 U.S. 228 (2014) (speech involving corruption in public programs is public concern)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility pleading standard)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989) (states and state officials sued in official capacity are not "persons" under §1983)
- Littlejohn v. City of New York, 795 F.3d 297 (2d Cir. 2015) (elements/pleading standards for retaliation claims)
- Doe v. Columbia Univ., 831 F.3d 46 (2d Cir. 2016) (pleading standard for Title IX claims)
- Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72 (2d Cir. 2015) (plaintiff’s minimal pleading burden on discrimination)
- Lovejoy‑Wilson v. NOCO Motor Fuel, Inc., 263 F.3d 208 (2d Cir. 2001) (temporal proximity evidence for causation in retaliation)
- Ezekwo v. N.Y.C. Health & Hosp. Corp., 940 F.2d 775 (2d Cir. 1991) (speech aimed at protecting personal reputation is not public concern)