Tesoriero v. Syosset Central School Dist.

• Decision Date: 08 August 2005
• Docket Number: No. 02CV4348 DRH WDW.,02CV4348 DRH WDW.
• Citation: 382 F.Supp.2d 387
• Parties: Kara TESORIERO and Krista Tesoriero, Plaintiffs, v. SYOSSET CENTRAL SCHOOL DISTRICT and Thomas Casey, Defendants.
• Court: U.S. District Court — Eastern District of New York

382 F.Supp.2d 387

Kara TESORIERO and Krista Tesoriero, Plaintiffs, v. SYOSSET CENTRAL SCHOOL DISTRICT and Thomas Casey, Defendants.

No. 02CV4348 DRH WDW.

United States District Court, E.D. New York.

August 8, 2005.

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Jaspan Schlesinger Hoffman LLP by Laurel J. Kretzing, Esq., Amy J. Weisinger, Esq., Garden City, NY, for Plaintiffs.

Lamb & Barnosky, LLP by Robert H. Cohen, Esq., Diane L. Leonardo-Beckmann, Esq., Melville, NY, for Defendant Syosset Central School District.

Thomas F. Liotti, Esq., Garden City, NY, for Defendant Thomas Casey.

MEMORANDUM & ORDER

HURLEY, District Judge.

INTRODUCTION

Kara and Krista Tesoriero allege that while they were students at Syosset Senior High School, they were sexually harassed by their teacher. They brought the present action against the teacher, Thomas Casey, and against the Syosset Central School District, claiming violations of Title IX; violations of the New York Human Rights Law; negligent hiring, retention, and supervision; and intentional infliction of emotional harm. Both Defendants have moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons that follow, Casey's motion is granted in its entirety, and the District's motion is granted in part and denied in part.

BACKGROUND

Syosset Senior High School ("the high school") and the Syosset Central School District ("the District") are located in Nassau County, New York. At the time of the events in question, the high school's principal was Dr. Jorge Schneider, and its assistant principal was Michael Collins. According to Collins, his primary duty as assistant principal was the "supervision of the guidance and pupil personnel services in the building." According to Collins, the high school administration "generally encourage[s] the staff ... to report [claims of sexual harassment] to an administrator or supervisor as soon as possible"; Collins considers himself to be one of the supervisors to whom such incidents should be reported. Collins Depo. at 5-6. Schneider in turn states that as Principal, "I'm in charge of everything," including making sure that teachers conduct themselves properly. But Schneider states that beyond "speaking to," "counseling," and "advising people about proper behavior," "[d]iscipline really is up to the district," and "if something happens that isn't appropriate, usually I report it immediately to the superintendent and the superintendent gives me guidelines on how to follow it." Schneider Depo. at 11-13.

Kara Tesoriero ("Kara") and Krista Tesoriero ("Krista") are twin sisters born on April 15, 1984. Both were track and field athletes while in high school. In the 2000-2001 school year, while juniors, they were assigned to a history class taught by Casey, a tenured teacher. The Tesorieros claim that early in the school year, Casey began treating them differently than he treated the other students, singling both out for attention in class. Kara Dec. ¶ 4, Krista Dec. ¶ 4.

According to Krista, "[a]t the beginning of the year [Casey] assigned the class board work," "came over to sit with me," and "talked to me the entire class period." Krista Dec. ¶ 5. Krista asserts that "[o]n numerous occasions throughout my junior year, Casey commented on my physical appearance and made physical contact with my body"; Casey "would look at my body up and down and tell me that I `looked terrific,'" and "touched my hip and told me if he thought I looked nice on that particular day." Krista also alleges that "[o]nce, when I was upset he told me to wait for him in an empty classroom, he asked me to tell him what was bothering me. I told him and he kissed the top of my head and hugged me." Krista Dec. ¶ 7.

Kara states that Casey "often complimented my physical appearance," "would look me over and tell me he liked girls with an athletic figure like I had," "told me that I was beautiful," "told me that he thought my eyes were beautiful," and "would tell me I looked fantastic or terrific in a particular outfit," and that "[o]ften, he would touch my shoulder, hip or waist when he said these things." Kara Dec. ¶ 5. Kara also states that Casey "would ask me to stay after class," and "encouraged me to come to his classroom after school so we could talk at the end of the day." Kara further states that Casey was assigned to "hall duty" during her scheduled free period; after she stopped by "sporadically" to say hello, he "began asking me if I was going to stop by and brought a chair for me so I could sit next to him." Kara states that "[s]oon, I spent every eighth period with him." Kara Dec. ¶ 4. According to Kara, during her visits with Casey, he "would confide in me and discuss his personal life with me," including "past relationships that he had had with women." Kara Dec. ¶ 6.

Krista says she noticed that Casey and Kara had "quickly developed a very close relationship that seemed not like a teacher and student relationship but like a boyfriend and girlfriend relationship." According to Krista, "Kara sat with Casey every day during his eighth period hall duty," "they were always talking intently," and "[s]ometimes I saw them grabbing hands or hugging." Moreover, Krista states that she "began to hear kids at school making comments that something was going on" between them. Krista Dec. ¶ 7. Krista states that her sister "seemed to like the attention from Casey and spent increasing amounts of time with him as the year went on." Kara states that Casey's attention at first made her feel "flattered and happy," but "as the school year went on," and Casey "led me to believe that he thought of me as more than a friend," she began to feel confused too. Kara Dec. ¶ 7.

Casey's "relationship" with Kara apparently soon "progressed" (for lack of better words) past the boundaries of the high school. When Kara got sick "[s]hortly before mid-term exams," Casey allegedly called her house on both days she stayed home, spoke with her mother, offered his tutoring services, and gave his home telephone number. Kara Dec. ¶ 8. "During the mid-term examination period," states Kara, Casey "asked me to meet him in his empty classroom after my exam," gave her a card "in which he had written a romantic message to me," and "hugged me and kissed me." Kara Dec. ¶ 9. In December of that year Casey allegedly asked Kara for her photograph; when she gave him one of both her and her sister, Casey "told me that he put it on his nightstand by his bed." Kara Dec. ¶ 7. Kara also alleges that that winter, Casey showed up at two of her weekend indoor track meets held at a local college "to see me compete," although "it was unusual for a teacher to attend these meets." Kara Dec. ¶ 11.

Kara states that her parents and sister "bec[ame] increasingly upset about my involvement with Casey as the school year went on." Kara Dec. ¶ 12. Although nobody in the Tesoriero family had previously discussed the matter with any member of the high school staff, Krista states that in January she requested to meet with Dr. Fazio, the high school psychologist, to discuss the situation. Krista Dec. ¶ 16. Krista alleges that she told Fazio "that I was very concerned about Casey's relationship with Kara because she was frequently visiting with Casey outside of class," but Fazio "dismissed my comments about Casey and said something that implied that the relationship with Casey was good or safe for Kara." Krista Dec. ¶ 16. Krista further states that "[a]fter I spoke with Dr. Fazio, my mother also had a conversation with her," to "express her concerns." Krista Dec. ¶ 17. At about the same time, Krista apparently also arranged for Kara to talk with Fazio. Kara says she met with Fazio in February, and discussed "what was going on with Casey," although at that time Kara did not view Casey's behavior as inappropriate or problematic. Kara Dec. ¶ 12. Fazio apparently took no action to investigate or report Casey's alleged conduct, instead referring the Tesorieros to a psychologist outside the high school. Fazio Dep. 14-15; Krista Dec. ¶ 17.

The Tesorieros claim that on Valentines Day 2001, Casey gave Kara "a card, a teddy bear and chocolates in a heart shaped box." Krista Dec. ¶ 18. When the Tesorieros' parents discovered the gifts soon after, they were apparently "very upset," and Michael Tesoriero, the plaintiffs' father, telephoned Casey "to tell him directly that his behavior was unacceptable." Casey allegedly promised to "stop his special attention" to the Tesorieros. Krista Dec. ¶ 19; M. Tesoriero Dec. ¶ 9. "Immediately after" his conversation with Casey, Michael Tesoriero claims to have called Assistant Principal Collins. According to Michael Tesoriero, he "described ... the special attention that Casey had been paying my daughters," "told him what Casey said to me on the telephone," and "told Collins that I wanted him to take the appropriate action." He says that Collins promised that he would "get back to me." Collins denies receiving this call.

According to Kara, after the Valentine's Day episode, "Casey continued to ask me to come sit with him during eighth period and to see me before and after school when possible.... [W]e sat together every day in the hallway." Kara Dec. ¶ 15. On the Tesorieros' birthday in April, Casey allegedly presented both Kara and Krista with "Cheesecake Factory" cheesecakes in front of the whole class, and wrote on the blackboard "April 15, 1984 a day that changed the world forever twice. Happy Birthday Kara. Happy Birthday Krista." Kara Dec. ¶ 16; Krista Dec. ¶ 20. Casey also gave Kara a bag containing two CDs and a bottle of skin lotion. Kara Dec. ¶ 16. Krista states that she was "very embarrassed since [Casey] never bought a birthday cake or recognized the birthday of anyone else in the class in such a public manner." Krista Dec. ¶ 20. Kara states that "other kids in the class noticed ... and made comments." Kara Dec. ¶ 16. She also "later discovered that [Cas...