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From the Connecticut Law Tribune (paywalled)
A federal judge late dismissed a sex discrimination sued against the University of Saint Joseph. Famed basketball coach James Calhoun was named in the suit.
By Robert Storace | June 19, 2020 at 12:23 PM
Good news for former University of Connecticut basketball coach Jim Calhoun, who faced allegations of sex-based employment discrimination. A federal judge has dismissed the suit, finding Title IX affords no private remedy for employment discrimination claims. Calhoun is now the head basketball coach at the University of Saint Joseph, where former associate athletic director Jaclyn Piscitelli accused him of harassing her, and making derogatory and insulting comments about her. The University of Saint Joseph was the sole defendant in the October 2019 lawsuit, but Calhoun and associate head basketball coach Glen Miller were named for their alleged mistreatment of Piscitelli.
Title IX provisions
In her two-page ruling late Thursday, U.S. District Judge Kari Dooley agreed with the university’s assertion that Title IX of the Education Amendment Act of 1972 provides for no private remedy for employment discrimination claims. Dooley further found a “split of authority on this issue among several Circuit Court of Appeals, and no clear guidance from the Supreme Court or the Second Circuit of Appeals” on whether Title IX allowed for a remedy in employment discrimination cases. The Title IX claim was the only one cited in the lawsuit, but plaintiff counsel said they will continue to pursue sex-discrimination and retaliation claims with the state’s Commission on Human Rights and Opportunities and the federal Equal Employment Opportunity Commission.
Meanwhile, Piscitelli alleged in her lawsuit that she was working in a male-dominated and hostile environment with a “disdain” for women. Piscitelli, who was fired from University of Saint Joseph in June 2019, alleged Calhoun acted inappropriately on several occasions. She cited several alleged incidents, including Calhoun making her open a door for him, even though he had keys, and forcing her to clean up coffee cups he’d dropped and stepped on, and then commenting that his wife would have cleaned them if he were home.
Piscitelli’s suit alleged Calhoun and fellow coach Miller had a work environment in the athletic department where “women were treated as second-class citizens.” On one occasion, the plaintiff alleged, Miller referenced the dating app Tinder to insult her. The lawsuit says Miller said he’d “swipe left” on the site’s feature, which permits users to reject a potential romantic match. On another occasion, Piscitelli alleged Calhoun told her “Well, you’re certainly hot” remarking about her looks. The lawsuit sought compensatory damages, back pay and reinstatement, compensatory damages, attorney fees and punitive damages.
Human rights commission
Calhoun is a nationally recognized basketball coach. He worked for the University of Connecticut as their head men’s basketball coach for 26 years, winning several titles. He joined the University of Saint Joseph in September 2018. Calhoun and Miller didn’t respond to requests for comment Friday. Representing the university are Murtha Cullina attorneys Patricia Reilly and Martha Royston. They referred all comment to the university.
In a statement emailed Friday, university spokeswoman Diana Sousa wrote, in part: “As we always do, we took the allegations of wrong-doing very seriously. We are pleased to report the court has entered judgment in favor of USJ and closed the federal court case. We await the decision by the Connecticut Commission on Human Rights and Opportunities in the coming months and have no further comment at this time.” Representing Piscitelli are Jacques Parenteau and Magdalena Witkor of Madsen, Prestley & Parenteau in New London. “Ultimately, the Court of Appeals has to resolve this conflict,” Parenteau wrote in an emailed statement, referring to private right of action under Title IX. “Nevertheless, we will continue to pursue our client’s Title VII remedies, as well as the Connecticut Fair Employment Practice claims, that are identical to those dismissed by Judge Dooley in a separate action.”
A federal judge late dismissed a sex discrimination sued against the University of Saint Joseph. Famed basketball coach James Calhoun was named in the suit.
By Robert Storace | June 19, 2020 at 12:23 PM
Good news for former University of Connecticut basketball coach Jim Calhoun, who faced allegations of sex-based employment discrimination. A federal judge has dismissed the suit, finding Title IX affords no private remedy for employment discrimination claims. Calhoun is now the head basketball coach at the University of Saint Joseph, where former associate athletic director Jaclyn Piscitelli accused him of harassing her, and making derogatory and insulting comments about her. The University of Saint Joseph was the sole defendant in the October 2019 lawsuit, but Calhoun and associate head basketball coach Glen Miller were named for their alleged mistreatment of Piscitelli.
Title IX provisions
In her two-page ruling late Thursday, U.S. District Judge Kari Dooley agreed with the university’s assertion that Title IX of the Education Amendment Act of 1972 provides for no private remedy for employment discrimination claims. Dooley further found a “split of authority on this issue among several Circuit Court of Appeals, and no clear guidance from the Supreme Court or the Second Circuit of Appeals” on whether Title IX allowed for a remedy in employment discrimination cases. The Title IX claim was the only one cited in the lawsuit, but plaintiff counsel said they will continue to pursue sex-discrimination and retaliation claims with the state’s Commission on Human Rights and Opportunities and the federal Equal Employment Opportunity Commission.
Meanwhile, Piscitelli alleged in her lawsuit that she was working in a male-dominated and hostile environment with a “disdain” for women. Piscitelli, who was fired from University of Saint Joseph in June 2019, alleged Calhoun acted inappropriately on several occasions. She cited several alleged incidents, including Calhoun making her open a door for him, even though he had keys, and forcing her to clean up coffee cups he’d dropped and stepped on, and then commenting that his wife would have cleaned them if he were home.
Piscitelli’s suit alleged Calhoun and fellow coach Miller had a work environment in the athletic department where “women were treated as second-class citizens.” On one occasion, the plaintiff alleged, Miller referenced the dating app Tinder to insult her. The lawsuit says Miller said he’d “swipe left” on the site’s feature, which permits users to reject a potential romantic match. On another occasion, Piscitelli alleged Calhoun told her “Well, you’re certainly hot” remarking about her looks. The lawsuit sought compensatory damages, back pay and reinstatement, compensatory damages, attorney fees and punitive damages.
Human rights commission
Calhoun is a nationally recognized basketball coach. He worked for the University of Connecticut as their head men’s basketball coach for 26 years, winning several titles. He joined the University of Saint Joseph in September 2018. Calhoun and Miller didn’t respond to requests for comment Friday. Representing the university are Murtha Cullina attorneys Patricia Reilly and Martha Royston. They referred all comment to the university.
In a statement emailed Friday, university spokeswoman Diana Sousa wrote, in part: “As we always do, we took the allegations of wrong-doing very seriously. We are pleased to report the court has entered judgment in favor of USJ and closed the federal court case. We await the decision by the Connecticut Commission on Human Rights and Opportunities in the coming months and have no further comment at this time.” Representing Piscitelli are Jacques Parenteau and Magdalena Witkor of Madsen, Prestley & Parenteau in New London. “Ultimately, the Court of Appeals has to resolve this conflict,” Parenteau wrote in an emailed statement, referring to private right of action under Title IX. “Nevertheless, we will continue to pursue our client’s Title VII remedies, as well as the Connecticut Fair Employment Practice claims, that are identical to those dismissed by Judge Dooley in a separate action.”
