Boucher et al v. Trustees of Canisius College

On May 20, 2022, Sierra Boucher, Lily Engebrecht, Natassia Tuhovak, Hannah Whelan and Cassidy Wood (collectively, “Plaintiffs”), represented by Daniela E. Nanau of Law Offices of Daniela Nanau, P.C., filed a civil rights lawsuit against Trustees of Canisius College (“Canisius” or “College” or “Defendant”), seeking declaratory relief with damages, for the alleged sexual harassment and gender-based discriminatory abuse. This case was filed in the U.S. District Court in the Western District of New York with Judge Christina Reiss presiding. 

In the complaint, the Plaintiffs alleged, “This is a professor-on-student sexual harassment case involving a serial sexual predator who was a tenured professor, and Canisius College’s demonstrated deliberate indifference to numerous complaints, raised by or on behalf of many women students and others, regarding the discriminatory mistreatment they were subjected to by the professor, which the College did nothing to remedy, thereby condoning the sexual harassment and other gender-based mistreatment for many years.”

The Plaintiffs further alleged, “Michael Noonan worked at Canisius for forty (40) years and used his position as the Chair of the Animal Behavior, Ecology and Conservation (ABEC) Program within the Biology Department, and as the Director of the Canisius Ambassadors for Conservation (CAC), to condition mentorship and departmental support on a student’s submission to his constant sexually suggestive behavior that regularly crossed the line of acceptable conduct, such as his demands, during school trips abroad, to insert suppositories and enemas into students suffering from constipation, and to be present during emergency examinations of his students by doctors, when his presence was not requested or required.”

The Plaintiffs also alleged, “Since 2014, Canisius’ supervisory faculty, administrators, officers, and employees (such agents, unless referred to by name or position, will hereinafter be referred to as ‘Canisius’ or ‘the College’) have received numerous complaints regarding sexual harassment and gender-based discrimination perpetuated by Noonan, and failed to adjudicate those complaints pursuant to the College’s Sexual Harassment and Gender-Misconduct Policy.”

The Plaintiffs then alleged, “After they complained about Noonan, the College retaliated against them by inter alia undermining their efforts to obtain footage of their travels for Project Tiger; failing to provide an instructor to support the completion of the Project Tiger film in a timely manner after Noonan was removed from campus; failing to provide third and fourth year students with mentors and advisors to replace Noonan, thereby depriving them of recommendation letters and information regarding graduation requirements; and, failing to provide Noonan’s research students with viable ways to continue their research projects after Noonan was removed from campus.”

The Plaintiffs listed six claims for relief. The first three claims are for the alleged violation of Title IX of the Education Amendments of 1972, for sexual harassment – hostile educational environment, gender discrimination in terms and conditions of education, and retaliation, respectively. The fourth claim is for alleged breach of contract. The fifth claim is for alleged estoppel and reliance, and the sixth claim is for alleged negligent retention and supervision of Noonan.

In the prayer for relief, the Plaintiffs requested the court for a declaration that Defendants’ conduct complained of herein is in willful violation of Plaintiffs’ rights as secured by the Title IX and New York common law; an award for all damages incurred; the costs of this action together with reasonable attorneys’ fees; pre- and post-judgment interest; and such further relief as the court deems proper and necessary.

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