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Cain v. N. Country Cmty. College

Adjunct Professor's Race Discrimination, Hostile Job Site, Retaliation Claims Dismissed

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MEMORANDUM DECISION AND ORDER I. Introduction   Plaintiff Precious Cain commenced this action against defendant North Country Community College (NCCC), Victoria Barber, and Tara Smith, pursuant to Title VI,1 42 U.S.C. §§1981 and 1983, and New York State law. (Compl., Dkt. No. 1.) Pending are defendants’ motions to dismiss. (Dkt. Nos. 12, 15.) For the following reasons, the motions are granted. II. Background A. Facts2 Cain, an African American female, was employed by NCCC as an adjunct professor in August 2018. (Compl.

1, 15.) As an adjunct professor, she worked in several prisons as part of a “Second Chance Pell Program,” which allows eligible inmates to earn a two-year degree. (Id. 16.) In January 2019, Cain “applied for a full-time position as a business instructor” for NCCC, which “would have been a promotion for [her].” (Id. 20.) Her supervisor in the business department encouraged her to do so. (Id.) “Despite having superior qualifications for the position, [Cain] was not even granted an interview; was consistently misled about the status of the selection process; and, ultimately in May 2019 [she] was passed over by two white males who obtained the position of business instructor despite having inferior qualifications.” (Id. 21.) Cain “was not happy” about this decision and was “especially disturbed by the fact that the selection committee did not even bother to interview her for the position for which she was qualified.” (Id. 22.) In June 2019, Cain “was wrongfully accused of theft and sabotaging a co-worker’s desk.” (Id. 23.) “Because of the workplace stress, [Cain] had developed a hand tremor.” (Id. 24.) One morning, while Cain was entering the Franklin Correctional Facility, an employee of the prison noticed her hand tremor, and called Barber, Deputy Superintendent for Programs at Franklin Correctional Facility, and “informed her that [Cain] was acting nervous and suspicious.” (Id.

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