Gerald v. Univ. of P.R.
| Decision Date | 28 January 2013 |
| Docket Number | No. 11–2143.,11–2143. |
| Citation | 707 F.3d 7 |
| Parties | Melissa S. GERALD, Plaintiff, Appellant, v. UNIVERSITY OF PUERTO RICO; Edmundo Kraiselburd, Defendants, Appellees. |
| Court | U.S. Court of Appeals — First Circuit |
OPINION TEXT STARTS HERE
Bámily López Ortiz, with whom López Toro, Estudio de Derecho & Notaría, Lizabel M. Negrón–Vargas, and Rivera & Fernandez–Reboredo were on brief, for appellant.
Raquel M. Dulzaides, with whom Mayra González Reyes, J. Ramón Rivera–Morales, and Jiménez, Graffam & Lausell were on brief, for appellee University of Puerto Rico.
Jesús R. Morales Cordero, with whom González Castañer & Morales Cordero, PSC was on brief, for appellee Edmundo Kraiselburd.
Before TORRUELLA, HOWARD, and THOMPSON, Circuit Judges.
Dr. Melissa S. Gerald, a scientist formerly employed by the University of Puerto Rico (“University”), says she was sexually harassed by her supervisor, Dr. Edmundo Kraiselburd. Gerald reported the harassment and this protestation, according to her, led the University to retaliate against her. Gerald sought redress in district court, suing Kraiselburd and the University for violating Title VII of the Civil Rights Act and Puerto Rico law. The court granted summary judgment in favor of the defendants, dismissing the complaint in its entirety. Gerald appealed. After due consideration, we affirm the grant of summary judgment in part and vacate in part.
These facts are outlined in a light most favorable to the non-movant, Gerald. See Pérez–Cordero v. Wal–Mart Puerto Rico, Inc., 656 F.3d 19, 20 (1st Cir.2011).
The Medical Sciences Campus is an institutional unit of the University. Within the Medical Sciences Campus is the Caribbean Primate Research Center (“CPRC”), a research, training, and education center for the study of non-human primates. The CPRC is made up of four integrated facilities: the Cayo Santiago Field Station (“Cayo Santiago”), the Sabana Seca Field Station, the Laboratory of Virology and Genetics, and the Laboratory of Primate Morphology and Genetics. Most relevant here is Cayo Santiago, a forty-acre island located less than a mile off the coast of Puerto Rico. There hundreds of monkeys live in semi-natural conditions for the purpose of conducting behavioral and non-invasive biomedical research.
During the time frame important to us, Kraiselburd (with the University in different capacities since 1977) was the Principal Investigator and Director of the CPRC, as well as a Professor of the Medical Sciences Campus. His role with the CPRC meant that he oversaw and supervised the operation of its four integrated facilities. Gerald (hired in 2001) had a dual role as “Scientist in Charge” of Cayo Santiago and as an Assistant Professor at the Medical Sciences Campus, a tenure track position which contemplated her advancement to Associate Professor. As Scientist in Charge, Gerald's duties included running the daily operation of Cayo Santiago, maintaining a computerized database of the monkey population, managing personnel, participating in animal trapping, conducting research, preparing reports and grant proposals, and assisting visiting scientists. Gerald's home base of operation was Punta Santiago, the mainland village closest to Cayo Santiago. Her supervisor was Kraiselburd.
By all appearances Kraiselburd and Gerald worked together and were friends for a number of years without anything of note occurring. Then in 2005, at a conference in Cuba, the two apparently engaged in a week-long sexual affair. According to Gerald, Kraiselburd insisted on pursuing the relationship when they returned home and Gerald, embarrassed by the fling, rebuffed him.
A couple years later, Gerald was approached by a film production company, which was producing a documentary about the life and work of prominent evolutionary biologist, E.O. Wilson. They wanted to bring Wilson for a visit to Cayo Santiago (a re-creation of his visit fifty years earlier) and film it. Gerald brought the request to the attention of various University personnel, not just Kraiselburd, and he was not pleased. Via email, he told Gerald that she needed to clear CPRC matters with him, as the director, before involving others. Kraiselburd accused Gerald of ignoring him except when money was needed and alienating people with her attitude. Gerald did not see what the big deal was, stating that she thought she was following protocol.
Despite these initial planning glitches the visit and filming went forward in mid-April 2007. As part of the festivities, a dinner was held on April 15, and Gerald gave Kraiselburd a ride from his hotel to the dinner. At the end of the evening, she dropped him back off at his hotel and, according to Gerald, Kraiselburd sexually propositioned her. She says he gestured at the hotel and referenced an offer being on the table, which Gerald took as an invitation to his room. Gerald, who had her young daughter in the car, declined the solicitation. Gerald says she could tell Kraiselburd was angry with her refusal.
Gerald and Kraiselburd continued to clash the following month as they worked to make arrangements for more visiting scientists coming to Cayo Santiago. In email correspondence the two went back and forth about the visits' planning and Kraiselburd's frustration with Gerald appeared to grow. The heated exchange culminated with an email from Kraiselburd to Gerald dated May 24, 2007, in which Kraiselburd accused Gerald of not being dependable and also declared she was not the type of person needed at Cayo Santiago. He added:
A few days later, on May 29, Gerald met with Kraiselburd in his office and attempted to smooth things over. Gerald says she apologized and Kraiselburd accepted. The two then said farewell with a hug and kiss on the cheek. As the embrace broke apart, Gerald says Kraiselburd grabbed her breast and made sexually suggestive grunting noises. Gerald was disgusted but said nothing for fear of losing her job.
A week or so later, on June 7, Gerald, Kraiselburd, and other co-workers attended a meeting to discuss an upcoming conference. During the meeting Gerald mentioned that she would be busy during the evenings of the conference because she had a friend attending. According to Gerald this led Kraiselburd to say something along the lines of: If it is one of your boyfriends, “I will be outside your hotel door peeking giving you directions how to fuck your boyfriend.” It is unclear from the record if or how Gerald responded.
Then, on June 12, Gerald and Kraiselburd lunched with another visiting scientist. Gerald and Kraiselburd quarreled about whether she had done something he had asked her to do and when Gerald said she had to leave lunch early to get her daughter, Kraiselburd began questioning Gerald about what hours she actually worked. Gerald, embarrassed at being questioned in this manner in front of a colleague, argued back in a raised voice and ultimately left the restaurant.
The evening of the heated lunch exchange, Kraiselburd sent Gerald an email indicating that due to budget limitations Gerald would be removed from the position of Scientist in Charge by the end of the month. And then a few days later, on June 18, Kraiselburd recanted. He sent Gerald another email: after considering the situation at Cayo Santiago, it was decided Gerald would in fact retain her title as Scientist in Charge, but no more $800 a month bonus. Gerald responded via letter to Kraiselburd, lobbying for her bonus and requesting an in-person meeting to discuss matters.
Her plea fell on deaf ears and on June 29, Kraiselburd sent Gerald another letter. After evaluating things at Cayo Santiago he wrote, it had been decided that a restructuring was needed. Gerald was relieved of all administrative duties and colony management responsibilities. To reflect these changes, her title was changed to Resident Scientist. Her bonus was set at $200 a month. It was not all bad news for Gerald though as she was promoted from Assistant Professor to Associate Professor at the Medical Sciences Campus a couple days later on July 1. The promotion came with a $1,000 a month pay raise.
On August 3, 2007, Gerald met with the Chancellor of the Medical Sciences Campus, Dr. José R. Carlo Izquierdo, and other University personnel, to lodge an administrative sexual harassment complaint against Kraiselburd. Gerald was emotional and crying, and apparently Carlo found her credible. Gerald was told that she should formalize her complaint in writing so that it could be investigated. Gerald did so the next day. An outside attorney, Maritza Miranda López, was brought in as the investigating officer and charged with looking into things and issuing a recommendation. After reviewing documentary evidence, including email communications, and interviewing Gerald, Kraiselburd, and a handful of other University personnel, López issued her findings in a seventeen-page investigative report, dated October 22, 2007. We highlight the more pertinent findings.
Gerald had alleged three instances of sexual harassment to López: (1) the April 15, 2007 incident when Kraiselburd propositioned Gerald in the hotel parking lot, (2) the May 29, 2007 encounter where he grabbed her breast, and (3) the June 7, 2007 instance where Kraiselburd stated, among other things, “What will it take for you to fuck me?”. Kraiselburd flatly denied the first two occurrences. As for the third, he admitted to making a comment of that nature but said it was a joke made in response to Gerald saying that she was going to “do it like rabbits” (or something to...
To continue reading
Request your trial
- Cosme-Perez v. Municipality of Juana Diaz
- Montalvo-Figueroa v. DNA Auto Corp.
- Kabakova v. Office of Architect of Capitol
- Hernandez-Mendez v. Rivera