JD1 v. Canisius Coll.

• Decision Date: 27 June 2022
• Docket Number: 1:21-cv-521
• Parties: JD1, JD2, and JD3,[1] Plaintiffs, v. CANISIUS COLLEGE, NATHAN HUCKLE, WILLIAM MAHER, and DONOVAN GLAVIN, Defendants.
• Court: U.S. District Court — Western District of New York

JD1, JD2, and JD3,^[1] Plaintiffs, v. CANISIUS COLLEGE, NATHAN HUCKLE, WILLIAM MAHER, and DONOVAN GLAVIN, Defendants.

No. 1:21-cv-521

United States District Court, W.D. New York

June 27, 2022

ORDER ON MOTION TO DISMISS (DOC. 12)

Geoffrey W. Crawford, Judge

Former Canisius College student athletes JD1, JD2, and JD3 sue the College and Canisius cross-country/track-and-field head coach Nathan Huckle, Canisius athletic director William Maher, and Canisius student-athlete Donovan Glavin. Plaintiffs allege that Defendants Canisius, Huckle, and Maher “directed controlled, managed, and conducted the Canisius College Cross-Country/Track and Field Team in a manner which was hostile and discriminatory toward women and lesbians, and which fostered, promoted and condoned harassment, abuse and even sexual assault against women and lesbians.” (Doc 1 ¶ 26.) Plaintiffs further allege that Donovan Glavin-a male athlete on the co-ed team with Plaintiffs-sexually assaulted all three Plaintiffs. (Id. ¶¶ 54, 58, 69.) Plaintiffs also allege that they were subjected to retaliation for opposing and complaining of this alleged conduct. (Id. ¶¶ 27, 82.)

Plaintiffs bring ten causes of action and seek damages, injunctive relief, and punitive damages. Defendants Canisius College Nathan Huckle, and William Maher (the “College Defendants”) have filed a motion under Fed.R.Civ.P. 12(b)(6) seeking dismissal of most of the claims against them, (Doc. 12.)^[2] The court heard argument on the motion on January 24, 2022 and has considered the parties' post-hearing filings. (Docs. 28, 29, 30.)

Background

The Complaint includes the following allegations,^[3] Canisius College is a Jesuit college located in Buffalo, New York. (Doc. 1 ¶ 10.) Defendant William Maher assumed the position of Athletic Director at Canisius College in 2005. (Id. ¶ 12.) Maher hired defendant Nathan Huckle to coach the running program at Canisius. (Id.) Huckle began coaching the Canisius cross-country/track-and-field team in 2011 and is currently the head coach of that team. (Id. ¶ 24.) At all relevant times, the College had a single cross-country /track-and-field team for both men and j women. (Id. ¶ 28.)

Plaintiffs allege that at the time of Huckle's hiring there was “publicly-available information that should have led to a deeper investigation into his appropriateness as the head coach of a co-ed program.” (Id. ¶ 18; see also Doc. 28-1 ¶ 26.) Plaintiffs allege on information and belief that, before his employment with the College, “Huckle was employed by the Brighton Central School District [‘BCSD'] as a 7th and 8th grade English teacher and the varsity track and field and/or cross-country coach.” (Doc. 28-1 ¶ 28.) They allege on information and belief that “there were, and are, copious reports, information, and indications that during his employment with that school district, Defendant Huckle had inappropriate contact and/or relationships with underage female students who he taught and/or coached.” (Id. ¶ 29.) According to Plaintiffs, witnesses reported the following about Huckle's conduct at BCSD:

• Huckle “regularly behaved in a discriminatory, harassing, and abusive manner toward the girls on the team, while treating the boys with privilege and preference.” (Id. ¶ 30.) “Girls on the team were berated and ridiculed or ignored while boys were treated as friends and peers by Coach Huckle.” (Id.)

• Huckle “treated certain girls on the team with preference and privilege based on the girls' willingness to tolerate inappropriate levels of familiarity and/or intimacy from Defendant Huckle.” (Id. ¶31.)

• “[I]t was an open secret in and around the school and community that Defendant Huckle had an inappropriate, intimate, dating and/or sexual relationship with at least one and potentially more than one underage girls who Defendant Huckle taught and/or coached.”

(Id. ¶ 32.)

• “Huckle made inappropriate and harassing comments to girls in 7th and 8th grade about their bodies and/or legs under the guise of recruiting those girls to participate in the crosscountry or track team.” (Id. ¶ 33.)

• “One witness reports that Defendant Huckle brought her up in front of a 7th or 8th grade classroom full of students while she was wearing shorts and measured her legs.” (Id. ¶34.)

• “At least one witness reports that Defendant Huckle commented to the 7th or 8th grade class of students that when he was in college he could spot a female freshman a mile away.” (Id. ¶ 35.)

Plaintiffs further allege that numerous BCSD students and parents reported concerns about Huckle's “treatment of female students and athletes and his inappropriate relationships with certain girls to the School District administration.” (Id. ¶ 36.) They allege, upon information and belief, that Huckle was “forced, and/or allowed, to resign from his employment with the Brighton School District because of suspicions and/or accusations concerning his inappropriate contact and/or relationships with female students.” (Id. ¶ 37.) Canisius College hired Huckle in or about 2011. (Id. ¶ 25.)

Plaintiff JD2 and defendant Donovan Glavin both began attending Canisius College as student-athletes in August 2016. (Doc. 1 ¶¶ 13, 21.) The previous year-in 2015-the College was the subject of a federal investigation regarding how it handled a complaint of sexual violence. (Id. ¶ 49.) The federal investigation was reported in the local media, Canisius College Under Federal Investigation, WGRZ-TV, https://www.wgrz.com/article/news/education/canisius-college-under-federal-investigation/71-128198884 (Jan. 21, 2015).

Glavin sexually assaulted JD2 in his dorm room after an off-campus team party on August 28, 2016. (Doc, 1 ¶ 54.) On February 25, 2017, Glavin verbally threatened JD2 after she refused to go home with him, claiming that he deserved to have sex with her and that “last time wasn't good enough.” (Id. ¶ 62.)

Plaintiff JD1 began attending Canisius College as a student-athlete in August 2017. (Id. ¶ 20.) Huckle promised her a safe environment and to develop her full athletic potential. (Id. ¶ 95.) But according to the Complaint, most of the male athletes on the team that Huckle coached “had a lack of respect for the female athletes on the team and for women in general.” (Id. ¶ 46.)

Plaintiffs allege that the team was characterized by a “general male culture.” (Id. ¶ 43.) That “culture” allegedly included “providing underage female athletes with alcohol and/or marijuana in order to take advantage of them sexually once they were intoxicated.” (Id.) Plaintiffs allege on information and belief that “some of these incidents were reported to Defendant Canisius anonymously through Callisto, but no action was taken.” (Id. ¶ 44.)^[4] Plaintiffs further allege that Huckle “made it known that he expected female athletes to attend” team parties, and that at the parties the female team members were allegedly plied with alcohol and marijuana. (Id. ¶¶ 45, 52-53.)

On or about September 1, 2017, JD2 reported the August 28, 2016 sexual assault to an assistant coach. (Id. ¶¶ 54-55.)^[5] The Complaint does not explicitly state whether JD2's report identified Glavin as the assailant or whether she identified the precise date or location of the assault. The Complaint also does not state whether JD2 requested an investigation or any corrective measures. The assistant coach conveyed JD2's report to Dr. Terri Mangione, who was Canisius College's Title IX coordinator at the time, and also to the college's Associate Athletic Director Tracy Murphy. (Id. ¶ 56.) “Subsequently, the assistant coach spoke with AAD Tracy Murphy more than once about these issues in the Cross-Country/Track and Field Team, and with Lisa Liotta who replaced Tracy Murphy sometime in the Spring of 2018 (Id. ¶ 57.)

On or about December 15, 2017, Glavin sexually assaulted JD1 at an off-campus team party. (Id. ¶ 58.) In or about February 2018, JD2 advised Huckle of Glavin's 2016 assault of her and of Glavin's December 15, 2017 assault of JD1. (Id. ¶ 60.) JD2 also advised Huckle of “other aggressive, hostile and abusive conduct by Glavin toward women.” (Id.) Huckle forwarded those reports to one or more members of the Canisius College administration, its Athletic Department, and/or its Title IX Coordinator. (Id. ¶ 61.)

In spring 2018, on a rainy day before the teams were going to run outside, Huckle yelled at JD2 in front of everyone for wearing a raincoat inside. (Id. ¶ 32.) He forced JD2 to take the raincoat off. (Id.) JD2 was embarrassed. (Id.) Plaintiffs cite that as one example of Huckle treating female team members as inferior to male team members. (Id. ¶ 29.) They assert that Huckle repeatedly called out female team members in front of the entire team and made them repeat drills and practice workouts but did not subject males to that treatment. (Id. ¶¶ 30-31,) They also assert that:

• male athletes were given Nike apparel but female athletes were not (Id. ¶ 35);

• Huckle focused his coaching time and effort on the male team members (Id. ¶ 36);

• during certain segments of team practice Huckle would forbid the women from talking and would scream at them if they talked (Id. ¶ 37);

• Huckle violated NCAA policy by forcing female athletes to share beds for away meets; he did not require male athletes to share beds (Id. ¶¶ 38-39);

• Huckle forced JD1 and JD2 to share beds with other women even though he knew JD1 and JD2 were dating (Id. ¶ 39); and • Huckle accused the female athletes of spraying perfume on the bus when in fact the scent came from a yogurt that an athlete was eating (Id. ¶ 40).

In or about March 2018, ID 1 and another female team member talked with Huckle about Glavin. (Id. ¶ 63.) Huckle responded, in effect, that “I can't kick someone off the team for being a jackass.” (Id.)...