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Agusty-Reyes v. Dep't of Education of the Commonwealth of Puerto Rico

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Before Lynch, Chief Judge, Torruella and Selya, Circuit Judges.

Taking all inferences in her favor for purposes of summary judgment, Olga E. Agusty-Reyes (“Agusty”) was repeatedly sexually harassed by her supervisor at a Puerto Rico primary school where she taught fourth and sixth grade mathematics between August 2005 and January 2007. After Agusty refused his advances, the supervisor delayed evaluating her and ultimately gave her a poor evaluation to block her receipt of tenure. When she complained to her supervisor’s supervisor at the Commonwealth’s Department of Education (“DOE”), she was not told of the DOE’s sexual harassment policy; she was instead told the only remedy she had was to file a union grievance. Soon after she did so, the supervisor attacked her, forcing her into his lap and sexually assaulting her until her screams brought school security to her rescue. The supervisor was later arrested for the attack. When she complained again to the DOE that the ongoing harassment had now led to a criminal attack, the DOE held a hearing on her harassment claims against the supervisor without giving her notice or opportunity to testify or to respond to his denials, apparently in accord with its policy. After these proceedings, the DOE reinstated the supervisor. Only the intervention of the police, enforcing a protective order from the local court, prevented him from returning to the school where she worked.

In light of the evidence and these inferences, the district court erred in granting the DOE’s motion for summary judgment on Agusty’s claims. See Agusty-Reyes v. Dep’t of Ed., No. 07-1968 (D.P.R. Jan. 8, 2009). We reverse and remand this case for proceedings consistent with this decision.

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