Balk v. New York Institute of Technology

974 F. Supp. 2d 147, 2013 WL 5452817, 2013 U.S. Dist. LEXIS 142136, 120 Fair Empl. Prac. Cas. (BNA) 277
CourtDistrict Court, E.D. New York
DecidedSeptember 30, 2013
DocketNo. CV 11-509(JFB)(AKT)
StatusPublished
Cited by7 cases

This text of 974 F. Supp. 2d 147 (Balk v. New York Institute of Technology) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balk v. New York Institute of Technology, 974 F. Supp. 2d 147, 2013 WL 5452817, 2013 U.S. Dist. LEXIS 142136, 120 Fair Empl. Prac. Cas. (BNA) 277 (E.D.N.Y. 2013).

Opinion

MEMORANDUM AND ORDER

A. KATHLEEN TOMLINSON, United States Magistrate Judge:

I. Preliminary Statement

This case arose in the aftermath of an article appearing on March 1, 2008 in AlAyam, a daily newspaper published in Bahrain. See Pl.’s Second Amended Complaint (“SAC”) ¶ 37. The article stated that a “professor” teaching at New York Institute of Technology’s (“NYIT”) facility in Bahrain had posted to his class website a controversial cartoon depicting the prophet Mohammed in ragged clothing. Id. ¶ 37. Purportedly, officials at NYIT knew that the article in Al-Ayan referred to the Plaintiff, Dennis Balk (“Plaintiff’ or “Balk”), the Director of the Computer Graphics Department at NYIT Bahrain, and that the Plaintiff had not committed the acts for which the article accused him. Id. Notwithstanding these facts, Plaintiff was terminated from his teaching position at NYIT Bahrain. Id. ¶¶ 75-78.

Dennis Balk alleges that NYIT had a contract with co-defendant Infotec Corporation (“Infotec”) in which Infotec would solicit Bahraini Muslims to operate the NYIT facility in Bahrain. SAC ¶ 3. According to the SAC,

NYIT and Infotec routinely effect illegal discriminatory acts when a Western, non-Muslim faculty member is falsely accused of violating any norms, mores or values not acceptable to its Muslim clientele by discrediting and terminating the Western faculty member and forcing the Western faculty member to leave the country for fear of personal safety.

SAC ¶ 4. As a result of Defendants’ conduct and Balk’s ultimate termination from employment, Balk has brought claims of discrimination based on race, religion, and national origin in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. against both NYIT and Infotec. SAC ¶¶ 1, 59-69. Plaintiff also alleges breach of contract against NYIT, unlawful interference of contractual rights against Infotec, and conspiracy to commit fraud against both Defendants. Id. ¶¶ 71-86, 103-147.

Plaintiff now seeks to compel the appearance of Dr. Mohammed Hussein (“Dr. Hussein”), who purportedly is now residing in Egypt, for a deposition in New York, pursuant to 28 U.S.C. § 1783 (the “Walsh Act”). See Pl.’s Mot. [DE 102] at [150]*1501; see also Affidavit of Stephen J. Kloepfer, Esq., annexed as Ex. “3” to PL’s Mot. (“Kloepfer Aff.”) ¶ 31. Dr. Hussein claims to be not only the Executive Chairman Middle East for NYIT but also the President of Infotec. Pl.’s Mot. at 1. The motion is unopposed.

II. Background

A. The Second Amended Complaint

Plaintiff claims that “[wjithout actual disclosure to prospective teaching applicants or NYIT Bahrain faculty recruited from Western universities and Western locations, NYIT practices an illegal discriminatory policy toward any complaint against the Western, non-Muslim faculty by Muslim students or Muslim faculty.” SAC ¶ 4. According to the SAC, this policy and practice “violates all established academic protocols for dealing with complaints against faculty by students.” Id. The complained of policy is utilized to show Muslim parents and students that “any claimed deviation from Muslim culture will not be tolerated....” Id.

Plaintiff contends that he was “falsely accused of explaining Western values in a manner purportedly offensive to Muslim students” and was subsequently terminated from employment by Defendants despite providing “exemplary services.” SAC ¶ 5. Specifically, Plaintiff maintains that Infotec “actively caused articles to be published in local Bahraini newspapers falsely accusing Plaintiff of having posted the highly controversial Danish cartoon insulting the Prophet Mohamed on his website.” Id. Defendants purportedly “engaged in this illegal discriminatory conduct solely based on the fact that Plaintiffs accusers were Muslims and Plaintiff was a Western, non-Muslim and a citizen of the United States.” Id.

Infotec is a for-profit corporation incorporated in the Republic of Cyprus and registered by the Ministry of Education of the Arab Republic of Egypt. SAC ¶23. Infotec provides administrative support services to American undergraduate and graduate university degree programs throughout the Middle East. Id. As a party to a ten-year agreement with NYIT, Infotec provides administrative services and personnel to NYIT educational programs located in the Middle East, including Bahrain. Id. ¶ 24. Plaintiff claims that Infotec and NYIT were his joint employers. Id. ¶ 25. In approximately June 2006, Plaintiff began his teaching duties at NYIT Bahrain pursuant to a written agreement. Id. ¶ 27. Throughout his employment with NYIT, Plaintiff attempted to provide an overview of art appreciation in the global art world “such that Plaintiffs teachings were culture neutral and information positive.” Id. ¶ 28.

According to the Plaintiff, NYIT and Infotec jointly conspired to defraud him into leaving the Bahrain campus of NYIT as early as February 25, 2008. SAC ¶¶ 103-104. During that month, Plaintiff had a conversation with two NYIT Bahrain students who were soon leaving on a trip to New York. Id. ¶ 31. According to the SAC, Plaintiff had an appropriate discussion with the students about the different social norms and treatment of religion in Bahrain and New York City regarding the subject matter of the course Plaintiff had been hired to teach by NYIT. Id. Apparently, Plaintiffs discussions “of the different between secular and religious societies reportedly offended the NYIT Bahrain Students.” Id. On or about February 20, 2008, those students claimed that Plaintiff discriminated against them on the basis of their national origin and religion by “making inappropriate statements” regarding Islam. Id. ¶ 105. When Reginald Bragg, the Dean of Students, reportedly heard about the students’ complaint, he directed [151]*151the two students to submit a confidential letter describing the circumstances. Id. ¶¶ 32, 106. The two students apparently prepared the letter and circulated it to the staff of NYIT and to the Royal Family of Bahrain. Id. ¶ 32. Dean Bragg forwarded the letter to NYIT Bahrain Campus Dean Damon Revelas who received it on February 24, 2008. Id. ¶ 106. Dean Revelas informed Plaintiff Balk of the students’ complaint that same day. Id. ¶ 107. The next day, February 25, 2008, Plaintiff wrote a letter to Dean Revelas responding to the accusations of the two students, informing the Dean that there had been a “misunderstanding.” Id. ¶ 108. On or about the same date, Plaintiff met with Dean Revelas, Dean Bragg, Professor Moade and the two complaining students, at which time Plaintiff read aloud his letter responding to the allegations. Id. ¶ 109. Plaintiff maintains that there was an agreement that the students would consider “drafting a letter recounting the allegations” and “general apologies” were made. Id.

The SAC asserts that Dr. Hussein gave instructions to NYIT Bahrain Campus Dean, Damon Revelas, as well as NYIT Dean of Students, Reginald Bragg, to investigate the allegations made against by the two students. Id. ¶ 25(b)(i).

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974 F. Supp. 2d 147, 2013 WL 5452817, 2013 U.S. Dist. LEXIS 142136, 120 Fair Empl. Prac. Cas. (BNA) 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balk-v-new-york-institute-of-technology-nyed-2013.