___________________________

Merrimack

No. 97-585

TRACY SCHNEIDER

v.

PLYMOUTH STATE COLLEGE & a.

December 16, 1999

Douglas, Robinson, Leonard & Garvey, P.C., of Concord (Charles G. Douglas, III and Susanna G. Robinson on the brief, and Mr. Douglas orally), for the plaintiff.

Devine, Millimet & Branch, P.A., of Manchester (Joseph M. McDonough, III and Dyana J. Crahan on the brief, and Mr. McDonough orally), for the defendants.

BROCK, C.J. After a jury trial in Superior Court (Smukler, J.), the defendants, Plymouth State College (PSC) and the University System of New Hampshire, appeal from a verdict in favor of the plaintiff, Tracy Schneider, for injuries she suffered while she was a student as a result of sexual harassment by a former PSC professor. We affirm in part and remand in part.

The plaintiff enrolled at PSC in the fall of 1987 as an eighteen-year-old freshman. During her sophomore year, she enrolled in a graphic design course taught by Professor Leroy Young. The plaintiff enjoyed the course and found Professor Young motivating and encouraging. After having a second positive experience in another course with Professor Young the following year, the plaintiff decided to major in graphic design. Professor Young was PSC's only graphic design professor, and he became the plaintiff's academic advisor.

The defendants do not dispute that in the summer of 1990, Professor Young began a pattern of sexual harassment and intimidation of the plaintiff. Young's behavior included pressuring the plaintiff to accompany him on trips to various locations off campus, kissing her, sending her flowers, taking off her shirt, and placing her hand on his genitalia. Young's conduct escalated to the point that in January 1991, he completely disrobed in his office while the plaintiff was working on his computer.

When the plaintiff attempted to rebuff Professor Young's advances, he would become angry, yell at her, and threaten to make her life very difficult. Young withheld academic support for her academic work and ridiculed her in front of faculty. He also gave the plaintiff a grade of "C-" for her work as an intern at a graphic design company without ever consulting with her supervisor at the company.

In two papers submitted in courses at PSC, the plaintiff revealed to faculty members that she was being sexually harassed. The plaintiff submitted to Professor Josephine Hayslip a journal entry describing the sexual harassment to which a PSC professor had subjected her. Hayslip reported to Sally Boland, the acting dean of the college, that a student was being sexually harassed by someone in the art department. Hayslip testified that Boland told her that she could not do anything unless the plaintiff came to her.

The plaintiff also related the sexual harassment in a paper submitted to Professor Wendy Palmquist in the spring of 1993. The plaintiff testified that Professor Palmquist took no action in response.

The plaintiff told several friends and fellow students about Professor Young's conduct. In the spring of 1991, one of these students reported Young's conduct to PSC Professor Susan Tucker, although she did not identify the plaintiff. Professor Tucker asked the student to encourage the plaintiff to speak with her directly, and said that she would help the plaintiff report Young's conduct to the administration. Because the plaintiff did not come forward, Tucker did not report the allegations to PSC administrators.

In the fall of 1992, the plaintiff personally described Professor Young's harassment in detail to Professor Annette Mitchell. The plaintiff insisted that she remain anonymous because she feared Professor Young. She did agree, however, to consider coming forward if Mitchell organized other students who were also being harassed to report their experiences as a group.

In the spring of 1993, Professor Mitchell told Robert Morton, the chair of the art department, that a student who wished to remain anonymous had "a problem" with a professor and did not want to come forward. The plaintiff refused to report Young's conduct to Morton because in 1992 he told her that she "look[ed] old enough to have affairs with married men."

Also in 1993, after more students had told Professor Tucker that Professor Young was sexually harassing a student, who still refused to be named, Tucker, Mitchell, and another professor reported the allegations to PSC's Interim President, Dean Thea Kalikow. Kalikow stated that she could do nothing without a firsthand account of the harassment.

The plaintiff graduated from PSC in the spring of 1993. After learning that two other students had asserted sexual harassment complaints against Professor Young, the plaintiff wrote to Dean Kalikow on October 7, 1993, complaining that Professor Young had sexually harassed her while she was a student at PSC. On March 25, 1994, PSC dismissed Professor Young on the grounds of moral delinquency due to his sexual harassment of the plaintiff.

On May 28, 1995, the plaintiff filed a seven-count writ against the defendants asserting liability under Title IX of the Education Amendments of 1972, 20 U.S.C.