Former student Daniel Papelino can sue a New York pharmacy college for sexual harassment and retaliation after he complained his chemistry teacher was making unwanted sexual advances on him. His case was initially thrown out by the lower court however, the the United States Court of Appeals for the Second Circuit overruled the lower court and is allowing the lawsuit. According to details which have been published, Papelino was a student at Union University’s Albany College of Pharmacy and he alleges Deanne Nowak his chemistry professor constantly flirted with him, badgered him to go out with her, and offered to give him extra points on exams.
Things got even more sexual when the two met in Nowak’s office. Papelino alleges Nowak put her backside in his face and touched his crotch. Papelino got to the point where he went to the associate dean of student affairs but only a show investigation was performed and Papelino ended up getting kicked out of the university. After going to the dean, Nowak started her own independed investigation into Papelino claiming he was cheating on an exam. Papelino was expelled from school for violating the honor code, however the appeals court found no evidence to support the allegation that Papelino was cheating.
Nowark allegedly told Papelino “Do you know how lonely I’ve been lately? I thought you might be interested in knowing that.”
“Although Dean White was responsible for administering the student code, he did nothing to investigate Papelino’s complaint,” Judge Chin said. “He did not follow the procedures established by ACP [the college] for processing complaints of sexual harassment. He did not ‘take care’ of the situation as he had told Papelino he would.”
To show how little the university cared about getting to the truth or to taking the sexual harassment complaint seriously Nowak sexually taunted Papelino at his disciplinary hearing by leaning forward and flashing her breasts. And Judge Denny Chin, writing for the court’s three-judge panel, wrote that there was evidence that the Associate Dean Albert White was indifferent to Papelino’s complaint that Nowak had made sexual advances.