Crews v. Trustees of Columbia University
| Decision Date | 29 September 2006 |
| Docket Number | No. 03 Civ. 8096(RWS).,03 Civ. 8096(RWS). |
| Citation | 452 F.Supp.2d 504 |
| Parties | Michael Anthony CREWS, Plaintiff, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Vincent I. Eke-Nweke, Brooklyn, NY, for Plaintiff.
Schoeman, Updike & Kaufman by Laura D. Barbieri, of counsel, New York, NY, for Defendant.
The defendant The Trustees of Columbia University in the City of New York ("Columbia" or the "Defendant") has moved for summary judgment pursuant to Rule 56(e) of the Federal Rules of Civil Procedure to dismiss the complaint of plaintiff Michael Crews ("Crews" or the "Plaintiff') alleging discrimination and retaliation. For the reasons set forth below, the motion is granted.
Crews is an incarcerated male and formerly the Manager of Operations, Morningside Campus, Department of Security (the "Department") at Columbia. His employment was terminated on May 14, 2002 after he admitted stealing $960.00 from Columbia's parking receipts.
Columbia is a world-renowned academic and research institution with four campuses, two of which are in New York City: the Morningside Heights ("Morningside") campus and the Washington Heights campus, then known as the Health Sciences ("HS") campus. The Department, now known as the Department of Public Safety strives to provide a safe environment for Columbia's over 36,000 students, faculty, and employees, as well as its visitors.
On September 23, 2002, Crews filed a charge with the New York State Division of Human Rights ("NYSDHR"), alleging discrimination and retaliation on the basis of gender. For dual-filing purposes, the charge also was filed with the Equal Employment Opportunity Commission ("EEOC"). On July 14, 2003, the EEOC issued a right to sue notice.
On October 14, 2003, Crews filed a complaint claiming violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., and the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 et seq. The complaint alleged that Columbia (1) terminated his employment on the basis of his gender and in retaliation for his complaining about gender discrimination; (2) discriminated against him when, on two occasions, it did not promote him to the position of Assistant Director at the HS campus; and (3) retaliated against him after he complained about discrimination by subjecting him to disparate treatment, including reducing his responsibilities and undermining his authority.
After discovery, Columbia filed the instant motion which was marked fully submitted on May 17, 2006.
The facts are set forth in the Statement of Undisputed Material Facts Pursuant to Local Rule 56.1 of Columbia and the Statement of Disputed Material Facts Pursuant to Local Rule 56. 1(b) of Crews. The principal facts are not disputed except as noted below.
Within Columbia's administrative departments is the Department of Public Safety, previously known as the Department of Security. The Department strives to make Columbia a safe community, for its students, faculty, staff and visitors. This responsibility extends to all Columbia's campuses, including the Morningside campus and the Washington Heights campus, then known as the Health Sciences ("HS") campus. The Department is organized in its lower ranks similarly to a police department with officers, sergeants, lieutenants, and captains (in ascending order of rank). The Department maintains around-the-clock security, generally in three eight-hour shifts. Its senior management includes Senior Investigators, Assistant Managers, Managers, Assistant Directors, Associate Directors, Directors and an Assistant Vice President. Currently, of the fourteen managers, two are women, one at the associate director level, Jeannine Jennette ("Jennette"), and the other at the manager level, Elizabeth Compel ("Compel"). Jennette is the Associate Director of Operations at the Medical Center.
George Smartt ("Smartt") was employed by Columbia from January 1985 until July 2002, when he retired. He rose through the ranks of the Department obtaining the position of Director of the Department. He later was promoted to the position of Assistant Vice President. Smartt's duties and responsibilities included "the overall administration of the department of security at all of its campuses."
James Conlon ("Conlon") was hired by Columbia in 1974 and has worked in the Department since 1975. He advanced through the ranks of the Department and was promoted to the position of Associate Director in 1994. In 2002, he was promoted to the position of Director of Administration and Finance, the position he now holds. When he was Associate Director, his duties and responsibilities included the day-to-day operations of the HS campus and responsibility for the budget for the Department. Conlon also supervised the Department's crime, training, and electronic security functions.
Kenneth Finnegan ("Finnegan") was hired by Columbia in 1994. He briefly held the position of operations manager for the Morningside campus and then was promoted to the position of Assistant Director for Morningside Operations in August of 1994. In January 2000, he became the Assistant Director for Investigations. In February 2004, he was promoted to Director of Investigations and Technology, the position he currently holds.
John Murolo ("Murolo") was hired by Columbia in January 2000 as the Assistant Director of Operations for the Morningside campus. In July 2004 he was promoted to Director of Operations for Morningside area of Public Safety, the position he currently holds.
In the time period relevant to the complaint, the Department had been without a female at the director level since 1994. The Department had only one woman manager, Compel, who was employed as the Department's Training Manager. She was the only woman above the rank of lieutenant. In its lower ranks, there were no captains, one woman lieutenant out of six, and four women sergeants out of fifteen. The one woman lieutenant intended to and did retire by the end of 2000.
Crews commenced his employment with Columbia in 1989 as a sergeant in the Department. (Compl.¶ 10). His duties as a sergeant included patrolling the interior and exterior of the Morningside campus from 110th Street to 125th Street, and supervising approximately thirty-five security personnel and nine student aids. (Crews Tr. 22-23).
In 1991, Crews was promoted to lieutenant. As a lieutenant, Crews was responsible for various office duties and the supervision of sergeants and officers. In 1993, Crews was promoted to captain. As a captain, Crews was the supervisor of his shift and all its personnel and was also responsible for investigating complaints.
In 1994, Smartt promoted Crews to Manager of Operations for the Morningside campus. Both Conlon and Finnegan supported his promotion to this position. Crews held this title until May 14, 2002 when his employment was terminated after he admitted stealing money over a period of time from Columbia.
Crews' duties and responsibilities as Operations Manager included day-to-day supervisory responsibilities for personnel at Morningside, responsibility for a $2,000 petty cash fund, and other varied tasks. Most of his investigative experience involved burglaries and thefts of property. Crews worked from Morningside but had responsibilities also at the HS campus. He spent at least one day a week at HS.
As Operations Manager, Crews' responsibility for his $2,000 petty cash allotment included maintaining, disbursing and reconciling the fund. When a Department member needed money, he or she would complete a voucher. Crews would review the voucher, maintain receipts with the voucher, and dispense the funds requested as appropriate. Crews was the only person who could dispense money from this petty cash fund. He secured the petty cash, vouchers and receipts in a locked petty cash box to which he had the only key.
When the funds were depleted, Crews reconciled the petty cash disbursements by totaling the vouchers and receipts against the remaining money, if any. He completed a petty cash request form attaching the reconciliation vouchers and receipts, and replenished the petty cash fund at the cashier's office.
Finnegan, while he held the position of Assistant Director of Operations, was Crews' direct supervisor from 1994 until 2000. In 2000, when Murolo was hired as the Assistant Director of Operations, Morningside, he became Crews' direct supervisor. Conlon, as Associate Director, directly supervised many of Crews' responsibilities as well.
Until the time of his admitted theft, Crews was believed to have performed his job very well. From time to time, though, he received criticism from his supervisors regarding his work performance. According to Columbia, on multiple occasions Crews was told that his time management skills were problematic, that he needed to be more attentive to his paperwork, and he was advised, on multiple occasions, that in order to advance within the Department he needed to address these work performance concerns, as well as obtain his college diploma.
According to Crews, no such criticisms or concerns were expressed to him except that in December 2001, during his second interview for the position of Assistant Director Operations at HS campus, Conlon referred to poor time management and lack of college diploma as a pretext to deny Crews' application for promotion. Conlon testified that he never told Crews that he was not qualified for the position of Assistant Director.
Crews did not have a college degree and did not pursue any educational opportunities to obtain a college degree while he worked for Columbia. Crews has noted that Finnegan and Lynch received promotions and did not have college degrees and that he attended training courses or conferences. Crews received raises every...
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