Novio v. N.Y. Acad. of Art

317 F. Supp. 3d 803
CourtDistrict Court, S.D. Illinois
DecidedJuly 17, 2018
Docket17 Civ. 5648 (RWS)
StatusPublished
Cited by5 cases

This text of 317 F. Supp. 3d 803 (Novio v. N.Y. Acad. of Art) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Novio v. N.Y. Acad. of Art, 317 F. Supp. 3d 803 (S.D. Ill. 2018).

Opinion

Sweet, D.J.

Defendant The New York Academy of Art ("NYAA" or the "Academy" or the "Defendant Academy") has moved, pursuant *806to Federal Rule of Civil Procedure 12(b)(6), for partial dismissal of the Second Amended Complaint ("SAC") of Plaintiff Sarah Novio ("Novio" or the "Plaintiff"), in which she alleges claims of sex discrimination, sexual harassment, a hostile educational environment, and unlawful retaliation in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681, et seq. , the New York State Human Rights Law, N.Y. Exec. Law §§ 290, et seq. , and the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101, et seq. , and for breach of contract under New York state law. Specifically, Defendant Academy seeks dismissal of the breach of contract claim. Based on the facts and conclusions set forth below, Defendant Academy's partial motion to dismiss is granted in part, and denied in part.

I. Prior Proceedings

Plaintiff commenced this action on July 25, 2017, alleging sex discrimination, sexual harassment, a hostile educational environment, and unlawful retaliation in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681, et seq. , the New York State Human Rights Law, N.Y. Exec. Law §§ 290, et seq. , and the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101, et seq. , and for breach of contract under New York State law, as set forth in the SAC and as set forth below. Defendants the Academy, NYAA Holdings, LLC ("NYAA Holdings"), David Kratz ("Kratz"), Wade Schuman ("Schuman"), and Margaret Bowland ("Bowland") (collectively, the "Defendants") moved to dismiss the original complaint on October 3, 2017, which this Court granted in part, and denied in part. See Novio v. New York Academy of Art ("First Motion to Dismiss "), 286 F.Supp.3d 566 (S.D.N.Y. 2017). Plaintiff filed the SAC on January 26, 2018. Defendant Academy filed the instant motion to dismiss on February 23, 2018, which was argued and marked fully submitted on April 11, 2017.

II. The Facts

The SAC sets forth the following facts, which are assumed true for the purpose of this motion to dismiss. See Koch v. Christie's Int'l PLC , 699 F.3d 141, 145 (2d Cir. 2012) ; see also Novio ("First Motion to Dismiss "), 286 F.Supp.3d 566.

Plaintiff attended NYAA from September 2013 until May 2015, when she graduated with a Masters of Fine Arts degree. SAC ¶ 2. Plaintiff took courses from Defendant Schuman, an NYAA professor and Department Chairman, in 2014 and 2015, during which time Plaintiff found that Schuman's persistent sexual commentary in the classroom and inappropriate touching of female students created a hostile educational environment that interfered with Plaintiff's education. SAC ¶¶ 16, 35.

Specifically, Plaintiff alleges Schuman made repeated sexist comments in class, including the following: Schuman made comments about the Plaintiff's "sexiness" that made her uncomfortable; Schuman asked the Plaintiff if anyone told her that her looks did not match her voice, and that the mismatch was "kind of sexy"; Schuman told the Plaintiff that she was "perfect" in front of the entire class, accompanied by a facial expression and tone of voice that made clear that he was hitting on the Plaintiff and referring to her in a sexual manner; when the Plaintiff objected to a sexist comment Schuman made in class, Schuman announced in front of the class that "all women are bitches" and that "men should just stay single"; when a female student had cramps and was not feeling well, Schuman announced in front of the entire class, "you women have excuses *807with your period for everything"; and Schuman repeatedly commented on the clothing worn by the Plaintiff and other female students, and never commented on the clothing of male students. SAC ¶¶ 17-22, 29.

Further, Schuman displayed improper sexually-charged conduct on several other occasions, including the following: when Schuman invited his wife to give a guest lecture to the class, he came up behind the Plaintiff and grabbed her waist and smiled at her as he walked away, startling the Plaintiff and making her uncomfortable; Schuman touched or grabbed female students in front of the Plaintiff, which made the Plaintiff noticeably uncomfortable; Schuman exacerbated this discomfort by looking at the Plaintiff with a facial expression that communicated his awareness of the Plaintiff's discomfort; Schuman massaged a female faculty member's shoulders in front of students, and told a student that Catholicism is the most sexual religion; Schuman told a female student in class that she was very attractive, and told another female student that she was beautiful and that she made him feel calm; Schuman appeared in front of students in a classroom with a woman sitting on his lap and with her arms around him; when a male student hugged Schuman in class, Schuman pushed the student away and said that he does not hug students; later, Schuman hugged the Plaintiff tightly and inappropriately; Plaintiff complained to Schuman and told him that she did not want to be touched or hugged by him, but Schuman ignored her complaints and hugged the Plaintiff at graduation. SAC ¶¶ 21, 23, 25-28.

Due to these repeated interactions that the Plaintiff viewed to be highly inappropriate, the Plaintiff was consistently worried that she would run into Schuman at NYAA's facilities and be subjected to his sexist comments and inappropriate touching. SAC ¶ 34. Plaintiff alleges that Schuman's persistent sexual comments and touching distracted her and significantly interfered with her ability to engage in and enjoy her studies. SAC ¶¶ 34-35. Moreover, Schuman allegedly showed favoritism to female students who reacted favorably to his sexual comments and advances, and the Plaintiff believed this to be Schuman implicitly communicating a quid pro quo to the Plaintiff and other female students, such that the Plaintiff worried that Schuman could block her from important academic and career opportunities if she was not nice to him. SAC ¶ 30.

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Bluebook (online)
317 F. Supp. 3d 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/novio-v-ny-acad-of-art-ilsd-2018.