Agusty-Reyes, et al v. Department of Education of Pue, et al

Filing 920100406

Opinion

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var WPFootnote1 = '                   Plaintiffs also named the supervisor as a co-defendant. \
Their claims against him were dismissed, because Title VII does not\
create liability against individual employees. See Fantini v.\
Salem State Coll., 557 F.3d 22, 28-31 (1st Cir. 2009). The\
dismissal has not been challenged; this appeal concerns only the\
grant of summary judgment on Agusty\'s claims against the DOE.\
'

var WPFootnote2 = '                   The protective order was to remain in force pending the\
resolution of criminal proceedings against Hernández. It was still\
in effect as of April 14, 2008. \
'

var WPFootnote3 = '                   The DOE did not put the vast majority of the exhibits\
reviewed by the examining officer into the record on appeal. These\
exhibits were also not presented before the district court. As a\
result, a variety of potentially significant documents that were\
made available to the examining officer, including letters\
supposedly sent by Hernández to Agusty on November 27, 2006, and\
January 18, 2007, and evaluations of Agusty\'s performance before\
her arrival at the Fortuna School, are not before us.\
'

var WPFootnote4 = '                   Hernández\'s defense was that he had never mistreated\
Agusty and that she had "fabricated" the sexual harassment\
complaint in response to his negative evaluation of her\
performance.\
'

var WPFootnote5 = '                   The Supreme Court has read Title VII to include sexual\
harassment as a form of gender discrimination under certain\
circumstances. Oncale v. Sundowner Offshore Servs., Inc., 523 U.S.\
75, 78 (1998); see also Reed v. MBNA Mktg. Sys., Inc., 333 F.3d 27,\
31 (1st Cir. 2003).\
'

var WPFootnote6 = '                   The six elements are:\
\
                   (1) that she (or he) is a member of a protected\
class; (2) that she was subjected to unwelcome\
sexual harassment; (3) that the harassment was\
based upon sex; (4) that the harassment was\
sufficiently severe or pervasive so as to alter the\
conditions of plaintiff\'s employment and create an\
abusive work environment; (5) that sexually\
objectionable conduct was both objectively and\
subjectively offensive, such that a reasonable\
person would find it hostile or abusive and the\
victim in fact did perceive it to be so; and (6)\
that some basis for employer liability has been\
established.\
 \
Valentín-Almeyda v. Municipality of Aguadilla, 447 F.3d 85, 94 (1st\
Cir. 2006) (quoting O\'Rourke v. City of Providence, 235 F.3d 713,\
728 (1st Cir. 2001)).\
'

var WPFootnote7 = '                   It is not clear from the record whether Delgado, the\
DOE\'s Regional Director for Agusty\'s region, was also the DOE\'s\
"Regional Coordinator" for purposes of Regulation 4661. However,\
Delgado was clearly a senior DOE official who, in response to\
Agusty\'s description of Hernández\'s sexual harassment, gave her\
explicit––albeit incorrect––guidance on how to report the abuse. \
Nonetheless, as neither party has claimed otherwise, we assume,\
arguendo, that Agusty\'s meeting with Delgado did not qualify as a\
formal complaint under Regulation 4661.\
'

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