Rehman v. State Univ. Of New York at Stony Brook
| Decision Date | 06 February 2009 |
| Docket Number | No. 08CV0326 (ADS)(MLO).,08CV0326 (ADS)(MLO). |
| Citation | 596 F.Supp.2d 643 |
| Parties | Jamil REHMAN, M.D., Plaintiff, v. The STATE UNIVERSITY OF NEW YORK AT STONY BROOK; Stony Brook University School of Medicine; Stony Brook University Medical Center; Shirley Strum Kenny, Ph.D. individually and in her official capacity as President of the State University of New York at Stony Brook; Richard Fine, M.D., individually and in his official capacity as Dean of the School of Medicine at Suny Stony Brook; and Wayne Waltzer, M.D., individually and in his official capacity as Chair of the Department of Urology at the State University of New York at Stony Brook, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Kleinman, Esq., Of Counsel, New York, NY, for plaintiff.
Andrew M. Cuomo, Attorney General of the State of New York by Toni E. Logue, Assistant Attorney General, Mineola, NY, for defendants.
The following facts are derived from the parties' pleadings. On this motion, the Court also considers documents incorporated by reference in the complaint. Nechis v. Oxford Health Plans Inc., 421 F.3d 96, 100 (2d Cir.2005) ().
The plaintiff, Jamil Rehman, M.D. ("Rehman"), is a Board Certified urologist licensed to practice in the State of New York. At the time of filing of the present action, the plaintiff was 51 years of age, is a Pakistani-American, and a practicing Muslim. The individual defendants are Shirley Strum Kenny, the President of the State University of New York, Stony Brook (SUNY Stony Brook); Richard Fine, M.D., Dean of the School of Medicine at SUNY Stony Brook; and Wayne Waltzer, M.D., the Chair of the Department of Urology of the SUNY Stony Brook School of Medicine.
The plaintiff alleges that in August of 2002, he was offered a teaching position as Assistant Professor in the Department of Urology in the School of Medicine at SUNY Stony Brook, a non-tenured year to year position based upon a written agreement. The plaintiff contends that at the time he was recruited, he was told by Dr. Waltzer that all Assistant Professors received the standard year to year appointment, but that Dr. Waltzer would recommend the plaintiff for promotion to Associate Professor after he commenced employment; that he would be "fast tracked" to a tenure track position; and that his salary would be increased shortly after his employment began. The plaintiff further contends that he was informed by Dr. Waltzer that he would be furnished with sufficient non-clinical time to pursue research activities as well as time to develop two programs for the University: the laparoscopic surgery/oncology program and the laparoscopic live donor nephrectomy program.
The plaintiff contends that in addition to spearheading the two laparoscopic surgery programs, he alone enhanced the standard of care at the Stony Brook Medical Center by performing and teaching advanced surgical procedures; advocated for the development of a robotic surgery program; and encouraged community urologists to bring their cases to the Stony Brook Medical Center, which improved the training available to the institution's residents. Further, the plaintiff contends that he was complimented by Dr. Waltzer for his contributions to the department in a memo dated February 15, 2005 and received the Resident Teaching and Attending of the Year Award in 2006.
Despite the positive feedback of the plaintiff's work, he states that Dr. Waltzer refused to propose the plaintiff for appointment to Associate or Full Professor with tenure, contrary to his promise and despite the plaintiffs requests. In addition, the plaintiff contends that he received only one salary increase during his time at SUNY Stony Brook and that another physician hired by the Urology Department after the plaintiff, who was less qualified, but non-Asian and non-Muslim, was treated more favorably than the plaintiff in terms of pay and promotion opportunities. Further, the plaintiff alleges that when he requested leave time to pursue educational and research opportunities, he was forced to do so without pay and without health benefits. The plaintiff contends, however, that his non-minority counterpart was offered paid leave to pursue an MBA education.
The plaintiff also contends that defendant Waltzer assigned him to the urology resident clinic for three years, more than any other attending physician in the Department, requiring long hours and adversely affecting the plaintiffs income as reimbursement for clinic patients is less than other patients. The plaintiff alleges that his research activities have been denied financial support and his ability to perform laparoscopic live-donor nephrectomy and his access to the Cancer Center were blocked by Dr. Waltzer. Further, the plaintiff alleges that his surgeries were disrupted at the direction of Dr. Waltzer. The plaintiff contends that Dr. Waltzer referred to his race and religion as reasons for this treatment.
The plaintiff states that he protested and submitted oral and written complaints about this discriminatory treatment. On January 20, 2005, the plaintiff wrote to Dr. Waltzer protesting the discrepancy in his salary compared to other new hires in the Department. Further, in or about September 2005, the plaintiff protested Dr. Waltzer's unfair treatment to Dr. Norman Edelman, the then Dean of the Medical School.
The plaintiff was later informed that Dr. Edelman had spoken to Dr. Waltzer, who would be collecting and submitting the plaintiffs materials for submission to the Faculty Appointment, Promotion, and Tenure Committee. However, the plaintiff contends that no collection, submission or promotion materialized. On October 1, 2003, the plaintiff sent an e-mail message to several faculty members complaining of Dr. Waltzer's failure to submit the materials for plaintiffs promotion and requesting assistance.
On August 30, 2006, the plaintiff wrote a letter to Shirley Strum Kenny, President of SUNY Stony Brook, protesting the discriminatory acts and practices of Dr. Waltzer, and also detailing what he believed to be inappropriate billing practices within the Department, as well as perceived HIPA violations and violations of the "Patients' Bill of Rights." In addition, the plaintiff contends that he was outspoken about these disturbing practices, and other patient safety issues, such as the disruption of the plaintiffs surgeries, the withholding of instruments from the plaintiff during his surgeries, and the knowing falsification of the credentials of certain department members.
The plaintiff contends that as a result of his protests, he suffered retaliation. In addition to the continuation of the disparate treatment that the plaintiff had previously complained about, he alleges that equipment that he was awarded pursuant to a state grant was removed from his laboratory by Dr. Waltzer and relocated to the operating room, so that the plaintiff could no longer use it to pursue his research. Thereafter, Dr. Waltzer failed to acknowledge the plaintiff in urology conferences, he continued to block the plaintiff from participating in the donor nephrectomy program and the Cancer Center, the disruption of his surgeries continued, and the plaintiff was excluded from the professional activities of the Urology Department.
On March 30, 2007, Dr. Waltzer submitted an unfavorable performance evaluation of the plaintiff, which the plaintiff contends included false allegations, and in which Dr Waltzer recommended that the plaintiffs year to year employment not be renewed. Finally, on April 4, 2007, the plaintiff received a letter of non-renewal of his appointment from Dr. Fine. The letter stated that the plaintiffs appointment was initially renewed from August 1, 2003 to July 31, 2007 and that he would be given an additional appointment from August 1, 2007 to April 9, 2008, but that his appointment would not be renewed beyond that point. (Defendant's Exh. B). On April 13, 2007, following the receipt of the letter, the plaintiff filed a claim with the Equal Opportunity Employment Commission ("EEOC"), complaining of discrimination and retaliation by the defendants. The plaintiff contends that Dr. Waltzer's retaliatory behavior intensified following his complaint to the EEOC.
The plaintiff filed the present action on January 23, 2008, presenting the following twelve causes of action:
• Count I: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII"), against all defendants for discrimination on the basis of race, color, religion and/or ethnic origin;
• Count II: New York State Human Rights Law ("NYSHRL"), Executive Law § 296(1)(a) against all defendants for discrimination on the basis of race, creed, color, or national origin;
• Count III: Title VII against all defendants for retaliation;
• Count IV: New York State Human Rights Law, Executive Law § 296(7) against all defendants for retaliation;
• Count V: 42 U.S.C. § 1981 against all defendants for discrimination on the basis of race and religion;
• Count VI: Age discrimination against all defendants in violation of 29 U.S.C. § 621, et seq., and the New York State Human Rights Law;
• Count VII: 42 U.S.C. § 1983, violation of the Equal Protection guarantees of the Fourteenth Amendment to the United States Constitution on the basis of race, color, religion and/or ethnic origin against all defendants;
• Count VIII: Violation of the Equal Protection guarantees under the New York Constitution on the basis of race, color, religion and/or ethnic origin against all defendants;
• Count IX: 42 U.S.C. § 1983, violation of the...
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