Tubbs v. Stony Brook Univ.
| Decision Date | 30 October 2018 |
| Docket Number | 15 Civ. 0517 (NSR) |
| Citation | 343 F.Supp.3d 292 |
| Parties | Sarah TUBBS, Plaintiff, v. STONY BROOK UNIVERSITY a/k/a SUNY Stony Brook; State University of New York; and Daniel Verdejo, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Christopher Scott Weddle, Timko & Moses, LLP, White Plains, NY, for Plaintiff.
Elyce Noel Matthews, Mark Eliott Klein, New York State Office of the Attorney General, New York, NY, for Defendants.
Plaintiff Sarah Tubbs ("Plaintiff") commenced this action by filing a complaint on January 23, 2015, (See Complaint, ("Compl."), ECF No. 1), against defendants Stony Brook University ("SBU"), the State University of New York ("SUNY") (together, the "University Defendants"), and Daniel Verdejo ("Verdejo"). Plaintiff brings the action pursuant to 20 U.S.C. § 1681, alleging that University Defendants were deliberately indifferent regarding Plaintiff's sexual assault allegations, thereby depriving Plaintiff equal access to educational opportunities and violating her right to be free from sexual discrimination under Title IX. Plaintiff additionally asserts claims of assault, battery, and intentional infliction of emotional distress against Verdejo.
Before the Court is University Defendants' Motion for Summary Judgment on the Title IX claims. (See Motion for Summary Judgment, ECF No. 81.) For the reasons discussed below, University Defendants' Motion is GRANTED. In addition, as the granting of summary judgment terminates all federal claims in this action, the Court no longer exercises supplemental jurisdiction over Plaintiff's state law claims. Hence, for the ensuing reasons, the action is DISMISSED.
This is a case about the arduous process undertaken by both a grievant and a University in dealing with difficult allegations related to sexual assault. The belaboring details are included to detail the pivotal issue before the Court, adequate process. The facts herein are taken from the parties' Rule 56.1 statements, affidavits, declarations, and exhibits, and are not in dispute except where so noted. All rational inferences are drawn in Plaintiff's favor.1
In January 2014, Plaintiff and Verdejo were both students at Stony Brook University, where Plaintiff was a second-semester senior and Verdejo was a second-semester sophomore. (Pl. 56.1 ¶¶ 1, 3, ECF No. 93.). Plaintiff was pursuing degrees in Social Welfare and Hispanic Languages and Literature. (Klein Decl., Declaration of Sarah Tubbs, ("Tubbs Decl."), Ex. 2 20:3-5, ECF No. 82.) She was also working as a Residential Assistant ("RA"), which required her to return to campus prior to the start of each semester for various trainings on topics that included: sexual assault, sexual violence, when to notify the police, the Student Conduct Code, and the resources available to students in need. (Id. 30:10 - 44:9; Pl. 56.1 ¶ 2.)
In 2014, a few days before the start of her final semester, Plaintiff came back to campus for her usual RA training and attended a party on January 25, 2014. (Tubbs Decl. 80:9-15.) At the party, Plaintiff drank somewhere between two and six drinks and interacted with Verdejo. (See - 21.)2 Plaintiff claims she became intoxicated. (Id. ) After the party, Plaintiff voluntarily returned with Verdejo to his dorm room (Id. )3 While in his dorm room that night, Plaintiff claims that she was sexually assaulted, forcibly restrained, coerced, forced to commit sodomy, and sexually abused while she was unconscious. (the "Incident.") (Id. ¶ 122.)4
Early in the morning on January 26, 2014, Plaintiff returned to her dormitory and described what generally happened to her to her two friends, Christine Publik and Ruby Escalera-Nater ("Ruby"). (Pl. 56.1 ¶ 5.) Ruby suggested Plaintiff report it to the Stony Brook Police ("UPD"). ( Id. ¶ 6.) The subsequent journey about how Plaintiff pursued her complaint about the Incident, sought answers and closure, and how University Defendants responded really begins here.
After Ruby convinced Plaintiff to report the Incident to UPD, Ruby called UPD, and UPD then sent two police officers to meet Plaintiff, Ruby, and Plaintiff's other friend, Davindra Lall (Id. ). UPD brought all three students to the police station. (Id. ) There, UPD Detective Michael Corbisiero ("Corbisiero") first spoke with Ruby, who said she had a "good conversation." (Id. ¶ 7.) Corbisiero thanked Ruby for encouraging Plaintiff to come in. (Id. )
Detective Corbisiero and a second Detective named Gary Borowski then conducted a preliminary interview with Plaintiff, who informed them that she wanted to tell them what had happened to her, but did not want them to ask her questions; rather, she wanted to describe what happened. (Id. ¶ 8.) The Detectives obliged. (Id. ¶ 9.)
After Plaintiff provided her description, the Detectives gave her a Sexual Assault Reporting Options Form (the "Options Form") to review and sign. (Id. ) The first page of the Options Form provided five options for reporting her complaint of sexual assault. (See Tubbs Dep. Ex. 5, ("Options Form") ECF No. 82.)5 Detectives Corbisiero and Borowski went through each of these options with Plaintiff. (Pl. 56.1 ¶ 10.) Plaintiff did not want to select any of the first four options. (Id. ) As for Option 5, Plaintiff claims she had questions regarding it because she did not understand how she could remain "anonymous" if she selected that option. (Id. ) She claims that the Detectives were unable to answer her concerns satisfactorily. (Id. ¶ 11.)
Due to Plaintiff's dissatisfaction, and because she did not want to select any of the other four options, Plaintiff did not choose any of the five options in the Options Form that day and instead drew a diagonal line across the entire first page of the form and initialed the two boxes on the second page of the Form, including a box acknowledging that she had been provided with the Form "but has decided to remain anonymous." (Id. ¶¶ 11, 12; see Options Form.)
After meeting with Plaintiff, the UPD Detectives asked Plaintiff if she would agree to go to University Hospital to have a Sexual Assault Nurse Examiner ("SANE") examination, which would, among other things, collect evidence for possible submission to a crime lab for analysis. (Pl. 56.1 ¶ 13.) Plaintiff consented, and Detective Corbisiero and another officer, Officer Jason Fanning, drove Plaintiff and her friends to University Hospital for the SANE examination. (Id. ) During the examination, the SANE nurse took photographs of Plaintiff's body. (Id. )
After the SANE examination, Detectives Corbisiero and Fanning drove Plaintiff and her friends back to Plaintiff's dormitory. (Id. ¶ 14.) That same evening, Plaintiff also provided the Detectives with the clothing she had worn on the night of January 25-26, 2014 (Id. ) Detective Corbisiero advised Plaintiff that a "Detective from th[e] office [would] be in contact with her to complete a formal statement. (Id. ) Plaintiff responded that she "wish[ed] to remain anonymous at this time, and would like no action to be taken by the university at this time." (Id. ¶ 15.)
On January 29, 2014, UPD Detective Peter Stumpf went to University Hospital to meet with Lori Thompson, a rape crisis advocate, at the Victims Information Bureau of Suffolk ("VIBS")6 , to obtain the results of the SANE examination. (Id. ¶ 16.) Ms. Thompson told Stumpf that Plaintiff had "indicated on the paperwork that she did not want anything released to the Police." (Id. ¶ 17.) Detective Stumpf then called Plaintiff, who told him that she knew that her paperwork indicated not to release the SANE documentation to the Police and that she was "still unsure on what she wanted done." (Id. )
The next day, Plaintiff again met with Detective Corbisiero, who again explained her options and advised her of resources available to her. (Id. ¶ 18.) Plaintiff then signed a medical release form so that UPD could obtain the results of the SANE examination, but told Corbisiero that she was "still unsure of how she wishes to proceed" and again "at this time she wishes no action to be taken by the University." (Id. )
That same day, on another student's suggestion, Plaintiff's supervisor, Meera Cuevas ("Cuevas"), a Residence Hall Director ("RHD") in the building where Plaintiff was an RA, went to Plaintiff's dorm room. (Id. ¶ 19.) Plaintiff then informed Cuevas she had been assaulted, or "she didn't know exactly what happened to her," and "she didn't know what to do." (Id. )
During the conversation, Cuevas informed Plaintiff that, as an RHD, she would be required to report the allegation to someone senior at Campus Residences. (Id. ¶ 19.) At Plaintiff's request, Cuevas did not report the Incident to her direct supervisor – a male – but instead reported it to Gina Vanacore ("Vanacore"), then Associate Director of Residential Life. (Id. ) Vanacore, immediately upon receiving the email, forwarded it to Matilde Orlich ("Orlich"), Director of University Community Standards ("UCS"). (Id. ¶ 20.)
On January 30, 2014, Orlich emailed Plaintiff, asking Plaintiff "to schedule an appointment for a meeting regarding an important matter," emphasizing that "[i]t is important that we speak with you as soon as possible." (Id. ¶ 21.) Orlich's purpose in contacting Plaintiff was to review with Plaintiff the options available to her, including counseling and psychological services, and explain to her the Title IX process and the process available to her through UCS. (Id. ¶ 22.) Because Plaintiff "did not want to deal with [Community Standards] at the time[,]" Plaintiff did not respond to this e-mail. (Id. ¶ 23.)7
Cuevas still encouraged Plaintiff to speak to UCS and spoke with Orlich about setting up a meeting with Pla...
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