Doner-Hedrick v. New York Institute of Technology

874 F. Supp. 2d 227, 2012 U.S. Dist. LEXIS 81560, 2012 WL 2125942
CourtDistrict Court, S.D. New York
DecidedJune 12, 2012
DocketNo. 11 Civ. 121(SAS)
StatusPublished
Cited by5 cases

This text of 874 F. Supp. 2d 227 (Doner-Hedrick v. New York Institute of Technology) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doner-Hedrick v. New York Institute of Technology, 874 F. Supp. 2d 227, 2012 U.S. Dist. LEXIS 81560, 2012 WL 2125942 (S.D.N.Y. 2012).

Opinion

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

Henri[etta] Doner-Hedrick brings suit against the New York Institute of Technology (“NYIT”) alleging, inter alia, discrimination and retaliation pursuant to Title VII of the Civil Rights Act of 19641 (“Title VII”) and breach of contract pursuant to state common law. Defendant now moves for summary judgment dismissing plaintiffs discrimination, retaliation, and breach of contract claims under Rule 56(c) of the Federal Rules of Civil Procedure.2 For the following reasons, defendant’s motion is granted in part and denied in part.3

I. BACKGROUND4

Plaintiff is a non-Muslim Asian female, in her late fifties, whose ethnic heritage is Filipina.5 Beginning September 1, 2008, pursuant to a three-year employment Agreement,6 plaintiff began teaching as an Assistant Professor in the Computer Graphics Department at NYIT’s campus in Amman, Jordan.7 Infotec Corporation (“Infotec”) is responsible for providing administrative support to NYIT’s Amman campus including registrar, bursar, student affairs, security, library and other related support functions.8

[233]*233When plaintiff arrived in Jordan, she was one of several faculty members working in the Computer Graphics Department along with: Dr. Jacqueline Taylor Basker (full-time), Feliz Soyak (full-time); Catherine Kourouklis (full-time); and Abdullah Ershaid (part-time, adjunct faculty member).9 At the time, Kourouklis was the Computer Graphics Coordinator responsible for the day-to-day supervision of the Department while Dean Roger Yu, dean of the School of Arts and Sciences, was ultimately responsible for the Department.10 Robert Michael Smith was the Global Coordinator for NYIT’s Middle East campuses while Richard Chaney, who was later replaced by Dr. Omar Imady, was Dean of the Amman campus.11 Mohammed Odat, an Infotec employee, was the campus manager.12 Dr. Richard Pizer was NYIT’s Provost and Vice President of Academic Affairs13 and Dr. Edward Guiliano was NYIT’s President.14

Throughout her tenure at NYIT, plaintiff did not get along with Catherine Kourouklis who mistreated everyone in the Computer Graphics Department, with the exception of Soyak.15 Plaintiff testified that Kourouklis treated her differently because she was older than Kourouklis which, according to plaintiff, intimidated Kourouklis.16 Furthermore, Kourouklis allegedly disliked plaintiff because she did not want to be friends with Kourouklis and because she was friends with Dr. Taylor Basker, with whom Kourouklis did not get along.17 Plaintiff conceded that Kourouklis’ disparate treatment of her was not due to the fact that she is Filipina and non-Muslim.18

Kourouklis mistreated both her Muslim and non-Muslim colleagues alike but she only mistreated Ershaid because of his religion, which was Muslim.19 For instance, on April 5, 2009, plaintiff observed an incident where Kourouklis began yelling at Ershaid in front of her.20 Although plaintiff could not remember Kourouklis’s exact words, she recalled that Kourouklis insulted Ershaid’s religion.21 Plaintiff reported what she observed to Smith that same day.22 The next day, NYIT’s New York administration was informed of the incident. Three days later, on April 8, [234]*2342009, NYIT removed Kourouklis as the Coordinator of the Computer Graphics Department.23 Although Kourouklis was replaced by Dr. Taylor Basker as Coordinator, she remained as a full-time member of the faculty.24

Approximately eight months later, on November 22, 2009, plaintiff suggested to the students in her Senior Thesis I class that they design a pink mosque, in the shape of a shoe, which would be for girls (or women) only.25 Two days later, on November 24, 2009, seven of the eight students from plaintiffs Senior Thesis I class signed a petition to NYIT complaining that plaintiffs statements were insulting to the religion of Islam (the “Petition”).26 The Petition states as follows:

On the behalf of the Senior Thesis I students, we would like to file a complaint against Professor Henry Donor Hedrick, for insulting the religion of Islam and violating the conduct of this university against the students. As a professor, she is supposed to set an example for students, who are very influenced by her teachings, of being non biased towards one religion or another. She has suggested that we as NYIT students should start a revolution and build a “Pink Mosque shaped as a Shoe for girls only” to improve the living conditions of Jordanians. We as Muslim and Arab students find this to be very insulting and offensive, and we ask the administration of NYIT to take immediate action.27

Before making the offensive statements in issue, plaintiff had been warned not to talk politics or religion in class.28

On November 24, 2009, Ershaid emailed Dr. Imady, the campus Dean, concerning a “serious issue that happened in the Computer Graphics department.”29 In that e-mail, Ershaid noted that his students appeared to be “very upset” over plaintiffs suggestion that they “design a mosque in the shape of a shoe and to color it pink for girls.”30 The Ershaid E-mail goes on to state:

I then went to Dr. Henri to confirm the story from her, for myself. She did not deny anything, and she also felt no regret in saying it. I also asked her how she would feel if I asked students to do the same but to a church. She said that it would not bother her. She also told me that I am more experienced and wise and that I should not be bothered by what she asked of the students. And she told me to “let it go.” I went to her to hopefully hear an apology, but I left without one.31

Later that day, the Ershaid E-mail was forwarded to NYIT administrators, including Dr. Pizer.32 That same day, Odat, the Amman campus manager, sent an e-mail to Dr. Mohammed Hussein and Robert Vogt, both Infotec employees, attaching the Petition and informing them of the incident (the “Odat E-mail”).33 The Odat E-mail [235]*235stated that the students were threatening to publish the story on Facebook and other media “in case the administration failed in taking any action with the professor [Don-er-Hedrick].”34

Later that evening, a meeting was held at which plaintiff, Dr. Taylor Basker, Dean Imady and the Assistant Dean at the Amman campus, Dr. Ahmad Abdulhadi, discussed the Petition and plaintiffs statements regarding the incident, as conveyed by Ershaid.35 The next day, on November 25, 2009, Dr. Hussein sent an e-mail to Dr. Guiliano and Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
874 F. Supp. 2d 227, 2012 U.S. Dist. LEXIS 81560, 2012 WL 2125942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doner-hedrick-v-new-york-institute-of-technology-nysd-2012.