GARCIA v. UNIVERSITY AT ALBANY, STATE UNIV. OF NY

Docket No. 02-7368.

320 F.3d 148 (2003)

Emilio Pantojas GARCIA, Plaintiff-Appellee, v. UNIVERSITY AT ALBANY, STATE UNIVERSITY OF NEW YORK; H. Patrick Swygert, as President of the State University of New York at Albany; Gloria Desole, as Senior Advisor to the President for Affirmative Action and Employment Planning; Sanford H. Levine, State University of New York General Counsel; Steven Beditz, as Director of the Office of Human Resource Management at the State University of New York at Albany; Colbert Nepaulsingh, as former Director of Undergraduate Studies, Department of Latin American Caribbean Studies, Sunya; Edna Acosta Belen, as Director of the Center for Latino and Latin American and Caribbean Studies, Sunya; Carlos Santiago, as former Chair of Latin American and Caribbean Studies, Sunya; Judith Gillespie, as former Dean of the College of Arts and Sciences, Sunya; Jeanne E. Gullahorn, as Vice-President for Research and Dean of Graduate Studies, Sunya; Joseph Burke, as former Interim Chancellor of the State University of New York; State University of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: February 10, 2003.


Attorney(s) appearing for the Case

W. Farley Jones, E. Stewart Jones PLLC, Troy, New York, for Plaintiff-Appellee.

Sachin S. Pandya, Assistant Solicitor General, for Eliot Spitzer, Attorney General of the State of New York, (Michael S. Belohlavek, Deputy Solicitor General, of counsel) New York, New York, for Defendants-Appellants.

Before: OAKES, CALABRESI, and SACK, Circuit Judges.


CALABRESI, Circuit Judge.

This appeal, from a judgment of the federal district court for the Northern District of New York (McAvoy, J.), arises from the handling by employees of the State University of New York at Albany ("SUNYA") of an alleged incident of sexual harassment. Plaintiff-Appellee Emilio Pantojas Garcia charged that the defendants breached a duty of care owed him when they failed to follow University rules in the course of their attempt to discipline...

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