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Handler v. Dutchess County Community College

Educator Terminated for Legitimate Reasons; ADA Disability Discrimination Suit Dismissed

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OPINION AND ORDER Lowell Handler (“Plaintiff”) initiated this action on March 26, 2021. (Doc. 1). He then filed a First Amended Complaint (Doc. 13, “FAC”)¹ on November 23, 2021, asserting a single claim for relief for discrimination based on disability under the Americans with Disabilities Act (“ADA”) against Dutchess County Community College (“Defendant”). Defendant served its motion for summary judgment in accordance with the briefing schedule set by the Court. (Doc. 50; Doc. 51, “Bernstein Decl.”; Doc. 52, “Def. Br.”; Doc. 53, “56.1″; Doc. 54; Doc. 55).² Plaintiff opposed Defendant’s motion (Doc. 56, “Pl. Br.”; Doc. 57; Doc. 58), and the motion was fully briefed with the filing of Defendant’s reply papers (Doc. 59, “Reply”). For the reasons set forth below, Defendant’s motion for summary judgment is GRANTED. BACKGROUND The Court recites the facts herein only to the extent necessary to adjudicate the extant motion for summary judgment and draws them from the pleadings, Defendant’s Rule 56.1 Statement and Plaintiff’s responses thereto,³ and the admissible evidence proffered by the parties. Unless otherwise indicated, the facts cited herein are undisputed. Plaintiff, who suffers from Tourette’s Syndrome, taught photography courses at Dutchess Community College full-time since 2000. (56.1

4-6). Plaintiff taught a digital photography course in the Spring semester of 2019 which included a student, J.L. (Id. 10). In October 2019, J.L. filed a formal complaint against Plaintiff for, inter alia, touching her inappropriately and without permission during class. (Id.

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