New York Law School Can't Shake Grad's Assault Suit
A graduate alleges the school did not adequately punish a male classmate who pushed her up against a wall on campus and rubbed his body against her while pulling down his pants.
January 08, 2018 at 02:06 PM
4 minute read
A 2016 graduate of New York Law School who claims she was assaulted on campus by a classmate may proceed with her lawsuit against the school, a federal judge has ruled.
U.S. District Judge Edgardo Ramos of the Southern District of New York allowed a stripped-down version of plaintiff Theresa Bailey's suit, which alleges that the school and various administrators did not adequately punish a male classmate who pushed her up against a wall on campus and rubbed his body against her while pulling down his pants.
Bailey also claims that the school retaliated against her by thwarting her efforts to transfer after the incident and that several professors punished her with low grades as a result of her efforts to see her attacker punished.
Bailey, who is representing herself and does not appear in the New York state court system's database of licensed attorneys, may move forward with her Title IX retaliation claim against the school, her claim of deceptive acts and practices under New York's General Business Law, and claims that several professors and administrators violated New York's Human Rights Law by allowing harassment based on her gender and race, Ramos ruled in a Dec. 27, 2017, opinion. Bailey is black. But he dismissed several other claims, including fraud, breach of contract, intentional infliction of emotional distress and a Title IX discrimination claim.
Michael Volpe, a partner at Venablewho is representing the school, said his client prevailed on the bulk of claims.
“The court's ruling is fairly narrow,” he said. “Now, Ms. Bailey is alleging she was retaliated against, which is the primary claim as I see it, in connection to her attempts to transfer.”
Volpe added that the school did what it could to help Bailey transfer, but she hoped to move to Columbia Law School—a higher-ranked campus that he said was an unrealistic goal.
Bailey did not respond to requests for comment Monday.
Bailey, who was an evening student, sued the Manhattan law school in 2016 soon after she graduated, seeking the $280,000 she says she paid in tuition as well as changes in how the school handles disciplinary cases.
Her suit alleges that a male student cornered her in a hallway on October 2014 while she went to the restroom during her evening constitutional law class and forcefully pinned her against the wall while rubbing against her. She was eventually able to break free, according to her suit, and saw that his pants were down. On a web page seeking to raise money through GoFundMe, Bailey wrote that she suspects her attacker was using bath salts—a drug associated with paranoia, hallucinations and violent behavior.
“[The attacker's] eyes were red and glazed over, he was drooling, his chest was rising and falling, he was clenching and unclenching his fists, and his shoulders were rounded in an aggressive posture,” her court complaint reads.
She later learned that several other female students had lodged complaints against her attacker, according to her suit. She reported the incident to administrators the following day, and to police two weeks later, although they allegedly told her that there was little they could do.
The law school conducted an investigation, and a disciplinary panel concluded that Bailey's attacker violated the school's nondiscrimination and harassment policy. He was banned from campus for several weeks; restricted from taking any classes meeting after 5:40 p.m.; restricted from being on campus outside of classes and co-curricular activities; required to complete harassment training; and placed on probation, according to court records.
Bailey believed those measures were too lenient and requested a rehearing, although his punishment did not change as a result. He graduated in 2015. Bailey claims that her academic performance declined after the incident and that she suffered panic attacks.
Ramos ruled that Bailey should have the opportunity to prove her claim that the law school's marketing material, which said gender-based harassment and discrimination would not be tolerated, were misleading.
Additionally, she may move forward with retaliation claims against law Dean Anthony Crowell and associate dean Ella Mae Estrada for allegedly blocking her attempt to transfer, as well as two professors for what she claims were improperly low grades.
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