Yap v. Northwestern University

119 F. Supp. 3d 841, 2015 U.S. Dist. LEXIS 103009, 2015 WL 4692492
CourtDistrict Court, N.D. Illinois
DecidedAugust 6, 2015
DocketNo. 14 C 9544
StatusPublished
Cited by4 cases

This text of 119 F. Supp. 3d 841 (Yap v. Northwestern University) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yap v. Northwestern University, 119 F. Supp. 3d 841, 2015 U.S. Dist. LEXIS 103009, 2015 WL 4692492 (N.D. Ill. 2015).

Opinion

OPINION AND ORDER

SARA L. ELLIS, United States District Judge

After suffering from alleged sexual harassment and retaliation by the former director of his graduate program and receiving limited redress from the University once he made his complaints known, Plaintiff Jonathan Woon Teck Yap, a graduate student, brings this suit against Northwestern University (“Northwestern”) under Title IX of the Education Act of 1972, 20 U.S.C. § 1681(a), et seq. for discrimination, hostile educational environment, and retaliation resulting from Northwestern’s alleged failure to properly investigate his complaints. Northwestern moves to dismiss Yap’s Complaint as time-barred and for failure to state a claim for sexual harassment, sex discrimination, or retaliation. Northwestern’s motion [10] is granted in part and denied in part. For the [843]*843reasons that follow, the Court dismisses the sexual harassment claim without prejudice but finds that Yap has sufficiently pleaded his sex discrimination and retaliation claims,

BACKGROUND1

Yap is a full-time student at Northwestern’s Medical Scientist Training Program (“MSTP”), a combined M.D. and Ph.D. program. Yap joined the program in 2007, completed his Ph.D. in 2013 and expects to complete his M.D. in May 2016. Northwestern is an institute of higher education that receives federal financial assistance for its educational programs. The MSTP is supported in part by a federal grant from the National Institutes of Health.

In October 2006, the program’s then Director, Dr. David Engman recruited Yap making certain representations to him, including that: Yap could simultaneously pursue a third degree, a Master of Science in Clinical Investigation (“MSCI”), as a unique feature of Northwestern’s program; Yap would be awarded a fellowship for five years; and MSTP would supplement the fellowship for the remainder of his time in the program. Based on those assurances, Yap accepted the offer of admission and enrolled in the MSTP in July 2007.

Within three months of Yap’s enrollment in the program, Engman ■ commenced “making suggestive comments about [Yap’s] appearance while conspicuously looking at [Yap] and ogling him.” Compl. ¶ 13. In August 2007, at the mandatory annual off-campus MSTP retreat, when Yap was aboard Engman’s boat and wearing only a bathing suit, Engman complimented Yap’s teeth while leering and smiling lasciviously at him. In September 2007, in a department conference room, Engman again leered at Yap and smiled in a suggestive manner while referencing Yap’s teeth. At the same time, Engman began asking Yap’s fellow graduate students about Yap’s sexual orientation.

Around November 2007, when Yap had not responded to Engman’s repeated sexual advances and sexually suggestive comments, Engman began interfering with Yap’s academic opportunities.: Engman opposed Yap’s application for an International Health Fellowship, opposing Yap’s acceptance of the same fellowship, and assigning Yap an unsatisfactory grade in a Grand Rounds course despite Yap’s having completed the requirements as agreed. Engman denied Yap a paid leave, of absence for a family emergency, despite routinely granting such absences to other students. Yap describes Engman’s actions against him as “continuous[ ] sabotage! ].” Id. ¶20. Engman would use Yap’s requests for an explanation of these adverse actions as an excuse to meet with Yap in private.

Engman arranged to ride alone with Yap to the August 2010 mandatory MSTP retreat, but Yap declined the offer and secured other transportation. At the retreat, Engman approached Yap while Yap was wearing a bathing suit and sitting with a fellow student. Engman commented that Yap “had really nice hair,” while “leering and smiling at him creepily in a lascivious manner.” Id. 1122., Engman said Yap’s “hair was really long and needed to be cut,” and invited Yap to come to his hotel room later that night so he could cut Yap’s hair. Id. “Engman’s invitation was made with a very provocative sexual overtone.” Id. Later that night, Engman stated to Yap at the mandatory dinner, “You have the most beautiful hair that I have ever seen. Don’t you all agree?” Id. [844]*844¶ 23. About a month later, when Yap met with Engman in his office to request assistance with a class, Engman again made comments about Yap’s hair and teeth in a sexually suggestive and inappropriate way.

When Yap did not respond to these sexual advances, Engman retaliated by sabotaging Yap’s application for a fellowship from the Howard Hughes Medical Institute by not forwarding his application for consideration. This resulted in Yap’s loss of the opportunity for career advancement as an academic physician, enhanced income, and scholastic prestige.

In August 2011, Engman again arranged for Yap to ride with him to the MSTP mandatory retreat, but Yap again declined. An emergency in his thesis advisor’s laboratory meant that Yap was not able to attend the 2011 retreat.

Around October 2011, Engman was replaced as Director of MSTP by Dr. Dane Chetkovich. A sexual harassment complaint had just been filed against Engman by then Assistant Director Dr. Elise Covic.

In November 2012, Dr. Jamys Peterson, the MSTP Assistant Director since 2012, showed Yap a disciplinary letter in his student file that had been issued by Eng-man and Dr. Elise Covic, the MSTP Assistant Director' from 2010 to 2011. That letter reprimanded Yap for missing the 2011 retreat and stated that Yap was required to travel to that retreat with Eng-man in his private car. The MSTP never issued letters of reprimand to students who missed the annual retreats and it was common for students not to attend for various reasons.

Even after Engman was removed from the directorship, he continued to exert control over the program and to retaliate and harass Yap directly and indirectly through his successor Chetkovich, who continued to discuss matters related to Yap with Eng-man.

In July 2012, Yap received an email that MSTP students could not also pursue the MSCI degree. Yap had already completed almost all the requirements for the degree at that time. Yap asked Chetkovich about the third degree option. Chetkovich asked Engman, who told Chetkovich that there was no formal arrangement between the two programs to offer MSTP students the opportunity for the MSCI degree, even though it was understood that MSTP students could take the MSCI classes. This was in contrast to Engman’s representations to Yap during Yap’s recruitment to the MSTP program. And despite Eng-man’s representations to Chetkovich in 2012, a similarly situated MSTP student told Yap that in 2012 the MSTP administration “proactively and enthusiastically supported and negotiated his pursuit and conferral of the MSCI degree in 2011,” during Engman’s tenure as director. Id. ¶ 32.

Around September 2012, Yap noticed that his stipend was missing the additional fellowship funds. Yap told Chetkovich that it was his understanding that MSTP would provide this fellowship for the remainder of his time in the program. Yap’s understanding of this was based on information received in 2007 and 2008 from then MSTP Assistant Director Dr. Sandra Lee. When Engman recruited Yap to the program, Engman told Lee that - he had committed the program to paying the supplement through Yap’s completion of both the M.D. and Ph.D, (i.e. for the sixth through eighth years of his graduate work).

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119 F. Supp. 3d 841, 2015 U.S. Dist. LEXIS 103009, 2015 WL 4692492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yap-v-northwestern-university-ilnd-2015.