Full opinion text
MEMORANDUM OF DECISION AND ORDER SPATT, District Judge • This case involves allegations of reverse racial discrimination by a Caucasian Assistant Superintendent against the Hemp-stead Union Free School District and its Board of Education. On September 12, 2013, the Plaintiff Robert Geras (“Geras” or the “Plaintiff’) commenced this civil rights action against the Defendants Hempstead Union Free School District (the “District”), the Board of Education of the Hempstead Union Free School District (the “Board”), and the former President of. the Board, Betty Cross (“Cross,” together with the District and the Board, the “Defendants”), alleging unlawful discrimination, hostile work environment, and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. '(“Title VII”); the New York State Human Rights Law, N.Y. Exec. L. § 290 et seq. (“NYSHRL”); and 42 U.S.C. § 1981 (“§ 1981”) and § 1983 (“§ 1981”). Presently before the Court is a motion by the Defendants, pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 56, for summary judgment dismissing the complaint. I. Background Unless otherwise noted, the following facts are undisputed and are construed in the light most favorable to the Plaintiff. A. The Plaintiffs Employment The Plaintiff is a Caucasian male. Beginning in November 2009, he was employed by the District as its Assistant Superintendent for Business and Operations. In this capacity he was, effectively, the District’s Chief Financial Officer, with responsibility for overseeing the District’s finances, business dealings, and a number of supporting departments. He also oversaw approximately 150 to 200 District employees. His immediate supervisor was one Patricia Garcia, Ph. D, (“Dr.Garcia”), the District’s Superintendent of Schools. Geras alleges that, at all relevant times, his performance was “outstanding.” In this regard, the Plaintiff testified that his performance evaluations were conducted in a two-step process: first, he completed a self-evaluation; then, he met with Dr. Garcia, who would review the self-evaluation and provide her own evaluation. . On a self-evaluation for the 2010-2011 school year, Geras reported that he had “exceed[ed] expectations” in the area of leadership. He testified that Dr. Garcia agreed with that assessment and “totally endorsed” his response as “accurate and consistent with her evaluation of [him].” According to Geras, the following year, Dr. Garcia again “praise[d] [him] as an outstanding administrator” and advised him that he would be recommended for tenure. This is consistent with Dr. Garcia’s testimony that, in the years that Geras worked for her, his performance was “outstanding.” She testified that he “behaved with the' utmost integrity all the time”; he “kn[ew] the job very, very well”; and he “saved the district a lot.[of] money and put in place systems to move the district forward.” Dr. Garcia stated that Geras had high expectations for his employees, but was respectful, and was focused on “getting the task done.” According to Garcia, “[t]here was never a doubt in [her] mind that Mr. Geras deserved tenure.” Further, she testified that, based on his performance, she had' no concern that the Board would not grant him tenure. Dr. Garcia testified that, after being hired as the Superintendent in 2009, she learned that, historically, the District lacked adequate financial programs and oversight. She stated that, at the beginning of her tenure, the District had • no meaningful credit and could not borrow money. However, by July 2012, three years into her and Geras’s employment, Standard & Poor’s rating service for government finance had given the District the highest short-term outlook rating available to local government, and the third-highest long-term outlook rating. Dr. Garcia testified that Geras’s expertise “definitely” played a significant role in obtaining these favorable ratings. This testimony is consistent with a July 11, 2012 memorandum that Dr. Garcia wrote to the Board, stating, in relevant part: The [Standard and Poor’s] ratings are a result of responsible budget management beginning in 2008-09 and continuing to present and the presentation made to Standard and Poor’s by Robert Geras and NYMAC, our fiscal advis- or... .. Previous to us receiving the aforementioned financial ratings, the district did not have a credit rating since sometime in the mid~2000s. This “Non-Rated” :status was primarily a result of significant budget overspending in 2003-04, 2005-06, and 2006-07 Fiscal Years. B. The Facts Relating. to Annette Greer Annette Greer is a long-time District employee. From 2000 to 2004, she worked as a Community Aide; 'from 2004 to 2009, she worked as a Clerk Typist; and in 2009, she was promoted to Assistant Supervisor for Transportation, > At all relevant times, the Plaintiff was her supervisor. In her deposition, Greer testified that Geras harassed her. She stated that her position frequently required her to travel between District buildings, which Geras did not appreciate. She stated that he would look for her at her desk throughout the day and sometimes would stand over her desk while she.was on the phone with a student’s parent and shout “who are you talking to?” Apparently, Greer frequently complained to Dr. Garcia about the conduct of Geras, but Garcia testified that she considered most of Greer’s complaints to' be without merit. In this regard, on or about March 3, 2012, Greer wrote a memorandum to Dr. Garcia, with copies provided to the Board and the Assistant Superintendent for Personnel, Julius Brown, complaining about an altercation that she had with Geras. In the memo, Greer alleges that Geras yelled at her; threatened her job; and told her that “if [she] can’t do [her] job then maybe he w[ould] find someone that can.” There is no evidence in the record that disciplinary action was taken against Geras in response to this memo. However, there is evidence in the record to dispute Greer’s account of her working conditions. Dr. Garcia testified that Greer “was an extremely disrespectful employee to Mr. Geras” and was “very incompetent.” According to Garcia,' at some point, Greer was permitted to report to a supervisor other than Geras, who also found that she did not adequately perform her job. Dr. Garcia further stated that Greer had a close relationship with the individual Defendant Betty Gross, an influential member of the Board, which made her believe she could “do whatever [she] want[ed] to do.” Garcia testified that if Greer did not like something that the Plaintiff did, she would go directly to Cross, who “r[a]n the district” and would “create [a] problem.” Geras also testified that Greer was an unsatisfactory employee, who, in his estimation, should not have been employed by the District. However, Greer believed that she was “untouchable” because of her friendship with Cross. He characterized Greer as an “operative” for-Cross. One particular incident involving Greer and Geras is material to this case. On June 14, 2010, a situation arose which caused Geras to urgently seek out Greer— namely, Geras testified that a student field trip was taking place off-campus, and Greer, as the transportation supervisor, had failed to arrange for buses to pick up the students. He claims .to have received an urgent phone call concerning this situation and went looking for Greer. After being unable to locate her at her workstation, or elsewhere in the building, as a last resort, he knocked on the door to the ladies room and called into the bathroom for her. Geras states that he never actually went into the bathroom. A Board member named Waylyn Hobbs testified that a District investigation into the incident revealed that Geras “did in fact go into the women’s bathroom.” However, he clarified that Geras “didn’t go completely in, but he opened up the bathroom door and was yelling inside for her to come out.” Of note, it is undisputed that neither Greer nor any other person was inside the ladies . bathroom when this occurred. Greer testified that she was not on the premises at the time. In this regard, Geras testified that the bathroom in question doubles as a storage room, and that male staff members “routinely go into the ladies bathroom for supplies.” Dr. Garcia,‘a woman, provided consistent testimony, stating that the door on which Geras knocked does not lead directly into the ladies room, but instead leads into a separate space where the bathroom fixtures are not visible: “There is a bathroom, but- there is like a. room before the bathroom.” This testimony- is uncontroverted. . Geras testified that he was not disciplined for this incident, but that Dr. Garcia prepared a related memo, which was kept in his personnel file. In particular, on or about August 25, 2011, Dr. Garcia prepared a memo entitled “Our Meeting of June 21, 2010,” which states as follows: I am writing to follow up on the conversation we had on June 21, 2010. As you -know, we met and discusséd an incident involving Ms. Annette Greer, which occurred on June 14, 2010. As part of 'our discussion, I expressed to you my belief that you had exercised poor judgment by going to look for Ms; Greer in the ladies bathroom. I expressed to you that it is my expectation that you will .ensure that your conduct and interactions with your colleagues remains professional. In the future, you are to send a female employee to look for Ms. Greer if a similar situation arises. Geras testified that Dr. Garcia had been empathetic when they initially discussed the incident, and informed him that the only reason she issued the memo was because the Board pressured her to do so. As a result of this incident, Greer filed complaints against Geras with the Nassau County Human Rights Commission (“NCHRC”) and, subsequently, with the New York State Division of Human Rights (“NYSDHR”). Greer testified that no members of the Board, including Cross, influenced - her decision to file the complaints against Geras. This is disputed by Dr. Garcia, who testified that Cross “definitely” encouraged Greer to do so. Greer further testified that, by the time her complaint to the NYSDHR had been scheduled for a hearing, Geras was no longer working for the District, so she decided to abandon the claim. In this regard, she stated that she had not “want[ed] any money or anything” and had “just wanted him to leave [her] alone.” However, Geras testified that Greer’s earlier complaint to the NCHRC had, in fact, proceeded before a judge, who ruled against her. According to Geras, Greer became emotional at the hearing and said of Geras and his intern, a Caucasian male, “These two white guys bother me.” In this regard, Geras testified as follows: [T]he judge said, Pardon me? Eventually she retracted that.... The judge ruled totally against her. And she didn’t appeal it. Because she knew the decision was right. There was no basis for her complaint. I clearly remember the judge being stunned with her white remarks. The Court notes that the present record does not contain records relating to this alleged hearing. C. Additional Relevant Facts Relating to the Plaintiffs Employment 1. The Allegedly Unauthorized Decision Regarding Benefits On or about June 9, 2011, Dr. Garcia prepared a memorandum, entitled “Unauthorized Decision,” which purports to memorialize a conversation that Garcia had had with Geras several days earlier. In this memo, Garcia states that Geras was “not authorized to make decisions about benefits, or inform the benefit clerk about the types of benefits that cabinet members should receive.” Further, the memo states that, “[although [Geras] explained that [his conduct] was done with the best of intention,” the “decision d[id] not fall within the scope of [his] responsibility” and, thus, he was “directed to desist from making decisions that do not fall under [his] area of responsibilities” unless directed otherwise. The events underlying this memo were described more fully by Geras and Dr. Garcia during their depositions. In particular, Geras testified that a certain unionized group of school principals and administrators had settled a contract, under which they received significant raises, and were therefore required to increase their contributions to their health care plans. As the finance director, Geras made the necessary adjustments to the District’s payroll and the employees’ health insurance withholdings. He did not make corresponding changes relating to any non-unionized employees who were not covered under the contract. In order to do so, the Board would have had to pass a resolution directing him to do so. In fact, Geras stated that he believed it would have been illegal for him to do so unilaterally. Geras testified that he had done nothing wrong, but the Board manufactured a controversy and, despite its own failure to pass a resolution authorizing him to make corresponding payroll adjustments for non-unionized administrators, faulted him for not doing so. He contends that the Board harassed Dr. Garcia to create a written record indicating that he had done something wrong. Dr. Garcia provided a somewhat different version. She stated that discussions regarding non-unionized administrators’ benefits were ongoing; that a final decision had not yet been made; and that, as the relevant deadline approached, Geras made the unilateral decision to continue what had previously been in place, without consulting her. She testified that Geras had known that she was in favor of eliminating certain benefits that he ended up c.ontinuing. 2. The Alleged Discriminatory Remark About Hispanics . On or about February 10, 2012, Julius Brown, the District’s Assistant Superintendent for Personnel, prepared a memo to Dr. Garcia, entitled “Sexual Harassment Complaint: Ann DeLutri v. Carlos Ramirez.” This Memo states that a female employee named Ann DeLutri had accused a male employee named Carlos' Ramirez of “strok[ing] her buttock three times” while she waited outside Geras’s office for a project management meeting to begin. Relevant here, the memo states that, during Brown’s investigation into the matter, he learned that Geras had told DeLutri that “he [Carlos Ramirez] is a touchy, feely person because he is Latin.” The memo indicates that DeLutri informed Brown that “this made her feel violated all over again.” During his deposition, Geras testified that he had previously known DeLutri from working in a different school district. Further, it had come to his attention that she apparently was uncomfortable interacting with Ramirez because he was “too friendly.” For example, it made DeLutri uncomfortable that Ramirez regularly greeted her with a kiss. However, Geras denies any further involvement in the situation; he flatly denies making the statement attributed to him; he denies even using the word “Latin” to identify someone of Hispanic, ethnicity; .and, further contends that Ramirez described himself .as “touchy, feely.” Geras asserts that he may have merely repeated the phrase used by Ramirez when discussing the investigation with Brown. Dr. Garcia testified that this event “absolutely [did] not” give her concern about recommending 'Geras for tenure. However, allegedly under intense pressure from Betty Cross, she wrote a memo memorializing the incident to his personnel file. Geras testified that he was never disciplined in connection with this incident. In fact, he stated'that he was never even advised as to the outcome of Brown’s investigation. D. The Facts Relating to Betty Cross and the Allegations of Racism in the District In this lawsuit, the Plaintiff alleges a culture of “ongoing racism” in the Hemp-stead School District. He further alleges that the individual'primarily responsible for this racism is Betty Cross, an African-American female and longtime member of the Board, who eventually became its President. Dr. Garcia, the District Superintendent, testified .that from 2009 to 2012, Cross was “definitely” the. most powerful member of the Board. In fact, Garcia described her as “the most powerful individual in the Village of Hempstead.” In this regard, Dr. Garcia testified that “[t]he .Mayor would'not do anything if she ..[Cross] didn’t want it.” Discussing the alleged power wielded by Cross, Dr. Garcia testified that “[everybody in the school district works for [Betty Cross]...... ■ [T]he only people who did not work for her were Mr. Geras and I. We didn’t work for her in the sense that we are honest, integrity, high integrity, and we did not succumb to her threats. Everybody else belonged to her.” Geras testified that he routinely witnessed Cross “bully the other Board members” and, even before she became its President,-she “dominate[d] the Board.” The record shows that, at all relevant times, a majority of the Board was African-American, and none was Caucasian. After June 2012, the entire Board was comprised of African-American individuals. ' It is alleged that Cross, who has been á Board member on and off since 1978, used her influence on the Board and in local government to advance the interests of African-Americans, while cultivating an environment of hostility toward Caucasians and Hispanics. 1. The Evidence of Discriminatory Animus Toward Hispanics by Betty Cross Before turning to the facts specifically relating to Geras, the Court notes that the record contains substantial evidence of Betty Cross’s alleged discriminatory treat-, ment of Hispanics. Dr. Garcia testified that Cross told her that the District “deserved an .African-American Superintendent” and “personally told [her] that the school district did not want a Hispanic Superintendent.” In this regard, Dr. Garcia testified that, when she became the Superintendent, she did not use her married surname, Garcia. Rather, she previously was known as “Dr.- Watkins.” However, when she eventually made the decision to be called “Dr. Garcia,” Cross refused to do so, insisting on calling the Superintendent “Dr. Watkins” and even “told [her] personally that Hempstead belong[s] to African-Americans [ ] and they will never accept a Hispanic Superintendent.” This is consistent with Geras’s testimony that Cross “despised Hispanics” and “openly expressed hostility toward” therm He recalled one occasion during a public Board. meeting where Dr. Garcia, corrected Cross for using her maiden name. Geras testified that Cross “yelled across the dais, I- didn’t, hire a Garcia. I hired a Watkins. You are Watkins.” Cross denies .these assertions. Furthermore, Geras testified that on “numerous occasions,” Cross attempted to deprive Hispanic students of actual educational benefits. For example, Dr. Garcia testified that, although the District was 68 percent Hispanic and hiring, bilingual teachers was necessary, Cross openly opposed doing so. Dr. Garcia further testified that Cross had opposed .providing Spanish-speaking students with Spanish language textbooks. Geras testified consistently with Dr. Garcia, stating that Cross had advocated in favor of denying funding for programs aimed at benefitting Hispanic students; personally interfered with related personnel decisions;. and influenced the Board not . to provide adequate services to the Hispanic community. Cross denied these assertions, stating that the District has “plenty” of bilingual teachers; that the District “[a]lways had [its] quota”; and contending that she supported hiring additional bilingual teachers “one hundred percent.” In this regard, Dr. Garcia testified that she had advised Cross that, under New York law, if enough students did not pass English-language tests, the District’would be required to provide them with support in their native language. Cross allegedly responded that “if the State attempted to come into Hempstead, she would lead marches in the streets.” Cross denied making this statement. According to Geras, Gross stated in meetings' that' she “does nót care about those people,” meaning Hispanics, and that “[t]hey shouldn’t be hére.” On one occasion, • Cross allegedly objected to Garcia’s hiring óf a Hispanic principal in the District’s Early Childhood Center and asked “Why did you hire a Hispanic to be the principal? This is a black district. We don’t want her here.” On anothér occasion, Cross allegedly voiced objection to helping Spanish speaking students by stating “I don’t care about those Hispanics. I’m here to take care of black people.” Cross also denies making' these statements. Geras testified that, in the 2012 school year, the graduating high school Valedictorian and other award recipients were all Hispanic. Allegedly, when Cross learned of this fact, she “threw a fit” and “didn’t want th[e] [graduation] ceremony -to go on,” Geras testified’that Cross “wanted blacks to receive, the awards of the graduating class.” Geras further testified that, in his opinion, Cross’s “overt” acts of racism “certainly impacted” the quality of the education received by Hispanic students in the District in a negative way. Allegedly, Cross’s outwardly hostile feelings about Hispanics extended beyond- students and faculty in the District. Geras testified that, on one occasion, a contractor known as Milbum Flooring was performing construction work in a District building. According to Geras, Cross came onto the Premises and stated “[w]hat are these Hispanic people doing in my district?” Allegedly, she further stated, “[d]oesn’t [Ger-as] know ... I want black people working here.” Geras testified that Cross behaved similarly toward Hispanic workers employed by a contractor known as RJ Painting, who were performing painting services in . a District building. Apparently, a manager of that entity filed a complaint about Cross with one Peter Cavassa, the District’s Director of Facilities. Geras testified that it was his understanding that ’Cavassá forwarded the complaint to the then-Presf-dent of the Board, Charles Renfroe, but that no action was taken. Allegedly, on another occasion, a different contractor known as RENU Restoration’ and Constrüction' was performing clean-up services and repairs following a fire-in one'of-the schools’ auditoriums. Geras testified that Cross entered the building with someone who purported to display a badge to the workers. Cross stated “I see 'these Caucasians and Hispanics working here. I want black people here.” Geras stated that Cross used the individual with a badge to “intimidate” the workers — “She literally tried to run them off.” At her deposition, Cross could not recall any of these events. However, she substantially denied any allegations of racism'. 2. The Evidence of Discriminatory Animus Toward Geras and Other Caucasians by Betty Cross " Dr. - Garcia testified that Cross expressed a desire to hire exclusively African-American faculty in the District. In this regard, Dr. Garcia testified that Cross complained whenever an employee was hired who had “a name that she thought was not an African-American name.” According to Garcia, Cross “made it. clear to [her], that [she] should only hire African-Americans.!” Geras testified that he had heard “numerous complaints” about Cross’s disparaging comments regarding Caucasian people, and that it “was very common” for staff, principals, and administrators within the District to make verbal complaints about her. The Court will now discuss several such instances contained in the underlying record. First, at an unspecified point in time, the District had arranged to hire two new supervisory employees to fill the positions of Director of Facilities and Director of Security. Geras testified that thé position of Director of Facilities requires a highly-skilled candidate who is a graduate engineer. By Contrast, the Director of Security was a “significantly lower position” and was essentially “a supervising security .aide.” Dr. Garcia also testified that the positions are “completely different,” with the Director of Facilities having “much more responsibility than” -the Director of Security. Consequently, the salary for the Director of Facilities is significantly higher than that for the Director of Security. Dr. Garcia selected one Peter Cavassa, a Caucasian, for the position of Director of Facilities, and one Jeff Febrat, an African-American, for the position of Director of Security. Geras testified that the interviewing process had been completed; the appropriate administrative committees had approved the hires; and, of importance, both men provisionally accepted their offers of employment and agreed to their respective salary figures. Allegedly, the final step was for Dr. Garcia to “tak[e] it to the Board.” Dr. Garcia testified that Cross initially opposed hiring Cavassa because he is Caucasian. ' However, according to Garcia, if Cavassa was to be hired, “Cross stated that she did not want a white employee to be paid more than the black employee.” Geras also testified that Cross and another Board member, JoAnn Simmons, found it “outrageous” that “a black gentlemen was going to be paid less than the white gentleman,” notwithstanding the differing nature of their respective positions. Dr. Garcia further testified that the Board, “at the urging of Cross,” voted to increase -Feb-rat’s salary, even though he had already accepted the position at a lower salary. According to Geras, the result was, that Febrat received a $25,000 yearly increase in his salary solely “because [Cross and Simmons] wanted to take care of the black individual.” Cross denied these assertions. In this regard, she testified that the positions of Facilities Director and Security Director are only “slightly different” and believes that “[s]omeone else may see [them] as one [in the same].” Nevertheless, she denied objecting to Cavassa’s hire on the basis of his race, and denies ever expressing an opinion about the candidates’ .respective salaries. Allegedly, on another occasion, the District discovered that an African-American groundskeeper had been stealing property, 'namely, playground equipment belonging to the District. Dr. Garcia and Geras supported referring the'groundskeeper to the Nassau County District Attorney, and he eventually was arreáted and indicted, Geras testified that, despite having stolen approximately $286,000 in District property, Cross advocated for -his" return to work and referred to Geras as “a [n]o good white man racist, just trying to get the black man.” Dr. Garcia supported this account of the relevant events,-testifying that Cross called Geras a “white racist” at a related Board meeting. Apparently, while the groundskeeper’s criminal case was pending in the state court, he reached the District’s minimum retirement age. Geras testified that the Board allowed him to resign, with benefits, and without paying restitution to the District — an arrangement “urged and brokered by Betty Cross.” Cross denies these assertions. She testified that she never heard Geras or “Dr. Garcia suggest that criminal charges should be pursued against the groundskeeper, and believes that he “resigned” from the District. Of note, Cross denied ever calling Geras a racist, but also testified that she had heard that Geras called- her “the N word.” In this regard, Cross could not remember who she heard this from; when she heard it; or the circumstances under which she heard it. She also could not remember whether she ever filed a related complaint. In any event, Geras testified -that, on another occasion, the District hired a guidance . counselor. . Ordinarily, the Board does not interview candidates for such a position because personnel matters come within the. Superintendent’s sphere of responsibility, Of note, Cross agreed at her deposition that hiring decisions are made in the first instance by the Director of Personnel; approved by the Superintendent; and then, ultimately, recommended to the Board. Allegedly, when Cross learned that the newly hired guidance counsel was a Cauca-, sian woman, she “nagged” the Superintendent about how “that white girl has no business working in Hempstead” and how “[t]hat job should have went to” an African-American individual. At her deposition, Cross could not recall these events. Geras testified that, occasionally, District students were recognized at Board meetings for various scholastic achievements. He stated that the students were invited to shake the hands of the administrators, but that Cross “turned away” from students who were not African-American and would not shake their hands.. Dr. Garcia also testified that Cross would state at public meetings that she preferred awarding capital improvement contracts to African-American contractors in the community. She testified' that Cross has made her feelings on that subject “general knowledge” and “not a secret.” Cross denied ever expressing that she preferred awarding contracts to businesses owned by African-Americans in the Hempstead, community. Geras testified about an environmental consulting firm known as JC Broderick and Associates, which occasionally did work for the District. On one occasion, the firm was performing evening work in one of the District’s: buildings to avoid disrupting the school day. Incidentally, a public Board meeting was • scheduled for that same evening. Geras testified as to the events of that night as follows:. , At some point before the meeting people are gathering, some people at the dais. Miss Cross comes walking down the aisle, saying quite loud, numerous people are here, Who are these white girls in my building? I don’t [] want these white girls in here. Get them out of here and bring black people in. That is what she said in the gathering. We had to — I think the Director of Facilities, Peter Cavassa, told the girls, Hey you better leave. At her deposition, Cross could not recall this event. In addition, Geras testified about a similar situation involving a contractor known as Custom Clay, which had been engaged to remedy frequent flooding at one of the District’s schools. Geras testified that, although the District is an equal opportunity employer and did not maintain race-based quotas, Cross again complained that she did not see enough African-American laborers working on the project. Again, Cross denied these assertions. On another occasion,. Geras testified that he coordinated a project to rehabilitate one of the schools in the District which had previously closed down — it was “[bjasically abandoned.” In this regard, Geras testified that, at a public presentation at which he and others involved with the project had intended to garner public support, the following event transpired: Betty Cross walks down the aisle, goes to the dais. Stops the proceeding. And yells at the architect doing the presentation, and says, basically, [wjith this project you are going to hire black people. If you don’t hire blacks and they are not going to man the jobs, I’m going to march in the street and shut the project down, in a public forum. As to that same project, Geras testified that the lowest bidder was a highly reputed group of construction managers, which the administration favored. ■ However, Geras further testified that the Board “forced” the District to engage a predominantly African-American start-up firm based out of Roosevelt, New York at a substantially higher cost to the District. According to Geras, this maneuver violated even the Board’s own-policy on the use of outside consultants. ' In this regard, Cross testified that capital improvements contracts were not always awarded to the lowest bidder. Rather, she asserted that such contracts were awarded to “[t]he.most quality bid.” As it concerns Geras, in particular, Dr. Garcia testified that Cross “never had a good relationship with Mr. Geras from day one because he was not the Assistant Superintendent of her choice.” She stated that Cross voted against hiring him and advocated instead for an African-American to.be hired as the District’s Assistant Sm perintendent for Business and Operations. Cross could not recall whether she was in favor of hiring Geras or whether she voted against Dr. Garcia’s recommendation of him for employment. Dr. Garcia testified plainly that Cross did not like Geras, at least in part, because he is Caucasian. Dr. Garcia testified that Geras was “harassed [and] belittled on a daily basis” by Cross and that he had complained to her, his direct supervisor, “all the time” about Cross’s treatment of him. Dr. Garcia recalled “numerous occasions” in Board meetings where Cross would “be extremely disrespectful to Mr. Geras” and would make racially-charged comments, such as “white boy” and “[y]ou don’t understand African-Americans.” Geras ’testified that Cross “degraded,” “berated,” and “told lies about” him, including that he mismanaged the District’s budget.’ On one occasion, during a break from a Board meeting, Cross allegedly told Geras and an attorney for the District, one Chris Guercio, Esq., that they “were no good white men” and that she “didn’t want [them] there, and she wanted [them] replaced with African-Americans.” ' ' - According to Geras, the next day, the District’s General Counsel had called him to confirm the report from Guercio; stated that he found the incident to be “outrageous”; and stated that he planned to lodge a complaint with the then-President of the Board Charles Renfroe. However, Geras asserted that the Board took no action. Cross denied , that these events occurred. . 3. The Facts Relating to Curtis Hewitt One particular incident .involving. Geras and Betty Cross is directly, relevant in this case. One Curtis Hewitt was an African-American custodian employed by the Dis-’ trict. In particular, he was the Head Custodian for., the Hempstead High School and, according to Geras and Dr. Garcia, was not performing his duties satisfactorily. In this regard, Dr. Garcia testified that the high school building, which is a central building within the District, simply was not clean, She stated that she “wanted to see a shiny building,” but instead, “there was. garbage all around the building.” In or about March 2012, a decision was made to transfer Hewitt from the high school to the elementary school building. Dr. Garcia testified that she gave the directive to transfer Hewitt “-[b]ecause [she] wanted the high school to go in another direction when - it [came] to the facility itself.” Geras testified that-the decision was made collectively by him-, Dr. Garcia, Assistant Superintendent ■ for Personnel Julius Brown, and Peter Cavassa. - He further stated that the transfer decision was based on the needs of the District, including improving the condition of the high school and enhancing the learning environment. The Court notes that Hewitt’s recommended replacement was also African-American. Nevertheless, Geras testified that, upon learning these facts, Cross called him on three successive days, on March 19, 20, and 21, '2012, seeking tó have the transfer reversed. On the third of these calls, Cross allegedly was “irate,” “berated” Ger-as, and called him namés. Geras further testified that Cross threated to destroy him and that she would “have the community lynch [him].” - Further, Cross allegedly stated to the Plaintiff that “no white man is going to come into this district and transfer a black man.” Dr. Garcia testified that- this remark accurately reflects “her type of language.” . ■ . According to Geras, this incident was a breaking point, which he described as follows: [The March 21st incident] took me to the point where I could no longer endure the abuse of .Betty Cross____ [U]p to that point ,1 just absorbed it and suffered with it,, knowing that there [wa]s very little that I could do. But at that point where she literally threatened my welfare and livelihood, I knew I had to reach out for help. To that end, on that same day, Geras prepared a memorandum addressed to Dr. Garcia, with a copy to Julius Brown, entitled “Harassment by Board Member. Betty Cross,” which stated, in relevant part, that “board member Betty Cross telephoned [him] and harassed, berated and threatened [him].” The memo states that Cross sought to have Curtis Hewitt’s transfer reversed and “called [Geras] a liar, a racist and said that no white man is going to come into the district and transfer a black man.” Further, the memo states that Cross “threatened [Geras’s] employment” and warned him that “she would take it to the streets and get [him].-” The Plaintiffs March 21, 2012 memo also stated that “[t]he inappropriate and illegal behavior of Ms. Cross is not new” and noted that Geras had “witnessed and listened to her racist behavior toward whites-and Hispanics in general” and that, “on various occasions,” Cross had “made racist remarks toward [him] as a white male.” Geras requested the Superintendent’s intervention, and notified her that, through counsel, he would be filing a charge of discrimination with the appropriate government agencies. In this regard, on or about March 27, 2012, Geras filed a charge of discrimination against the District and the Board with the NYSDHR, in which he alleged that he was the subject of employment discrimination, and identified Cross as a responsible individual. Cross substantially denies that these events occurred. She testified that Hewitt was “a very nice man,” but that Dr. Garcia had advised her that-transferring him was “for the best.” She testified that she did not necessarily agree with Dr. Garcia’s decision, but “let it go'.” In this regard, Cross' testified that, aside' from voting on promotions that result in a transfer, the Board is “not really” involved in transfer decisions. Rather, according to Cross, such decisions are “mostly” made by the District’s central administration, namely, the Superintendent and Assistant Superintendents.. , Of prime importance, Cross testified that she does not recall ever calling Geras on the telephone'; she denies demanding that Hewitt’s transfer be reversed; denies calling Geras a liar or a racist; and denies ever stating that no white man would come into her District and transfer a black man. She denied ever threatening Geras or his employment and could not recall ever seeing Geras’s March 21, 2012 memo regarding her treatment of him. 4. The April 19, 2012 Board Meeting The first Board meeting following the March 21, 2012 incident was convened on April 19, 2012. The Defendants submitted a video recording of this meeting for the Court’s review. Relevant here, the video reveals an exchange that takes place at the commencement of the meeting, during which Cross — who is seated at the dais— asks whether Julius Brown — who is seated in the audience — has with'him an unspecified resolution to be added to the Board’s meeting agenda. . Ultimately, following several seconds of inaudible discussion, the unspecified resolution was not added to the agenda for a vote at the April 19, 2012 meeting. The Court notes that Cross was shown this video at her deposition but denied being able to recall any of the relevant events depicted! Although the video itself does not provide clarity-as to the nature of this unspecified resolution or the circumstances surrounding the relevant exchange, the April 19, 2012 Board meeting was the subject of testimony during the depositions in this case. In particular, Geras testified he learned the day after this meeting was held that Cross had instructed Julius Brown to prepare a resolution calling for Geras’s resignation, Geras contends that this maneuver was Cross’s retaliation for his memo of March 21, 2012, which complained of alleged discriminatory treatment. Dr. Garcia also testified as to her understanding that Cross had attempted to introduce a. resolution at the April 19, 2012 meeting which would have resulted in Ger-as^ termination, effective immediately. She further testified that “the Board is a policy agency” and “has no authority to go tp the employees,” in the way that Cross had coordinated with Julius Brown. In this regard, the video clearly demonstrates that even the then-President of the Board, Charles Renfroe, was unaware that Cross had intended to introduce such a resolution. Dr. Garcia testified that she views Cross’s conduct in this regard as being “totally illegal.” Both Geras and Dr. Garcia. testified that .the Plaintiff had not offered his resignation at any time prior to the April 19, 2012 Board meeting. At her deposition, Cross could not recall attempting to introduce a resolution at the April 19, 2012 Board meeting and also could not recall asking Julius Brown to prepare a resolution calling for Geras’s resignation. Thereafter, on or about May 24, 2012, Geras-filed a second charge of discrimination with the NYSDHR, again alleging that he was‘ the subject of employment discrimination, and identifying Cross' as the responsible individual. He asserted that the most recent act of discrimination had occurred on April 19, 2012. He also charged that he was retaliated against after filing the March 2012 complaint. 5. The Internal Investigation ■ into Betty Cross’s Conduct Geras testified that, in addition to preparing a memo to Dr. Garcia -and filing charges of employment discrimination with the NYSDHR, he also notified the then-President of the Board Charles Renfroe, directly, of Cross’s -conduct in connection with the Curtis Hewitt situation. The Court notes that the record contains a memo, also dated March 21, 2012 in which Dr. Garcia also advises Renfroe - of the complaints of harassment by Geras. According to Geras, the Board “felt it was a very serious incident” and appointed a special counsel, namely, one William Ferris III, Esq., to investigate the matter. This testimony is consistent with an April 26, 2012 memo from Julius Brown to Geras, with copies to the Board, the District’s General Counsel, and attorney Ferris, which states, in relevant part, that “on March 26, 2012, the Board of Education appointed special investigative counsel to investigate [Geras’s] complaint and prepare a report” of his findings for the Board. In this regard, Ferris interviewed Geras under conditions similar to a deposition. The Court notes that a copy of the transcript of this interview is in the underlying record. According to Geras, it was only during this' interview that he learned that Betty Cross had lodged a cross-complaint against him days after his initial March 21, 2012 complaint. Although Betty Cross testified repeatedly that she did not have any regular contact with Geras, in her cross-complaint she stated, in relevant part, as follows: I have spoken to [Geras] on several occasions, which have not been pleasant. He speaks to me as if it’s a bother to him and ás if he is wasting time talking to me. I’m insulted by his attitude towards me. He doesn’t provide me with the information when asked, and when he does provide it, it’s not the correct information. He speaks to me like I’m a “nobody.” I resent the manner in which [Geras] addresses me. ■ He is disrespectful. He has no respect for women, especially black women. My opinion is he speaks to women demeaning and degrading.... - Of note, at her deposition, Cross could not recall preparing this cross-complaint. Although she suggested that the substance of this statement is- consistent with the feelings of many African-American women in the District, namely, that.Geras did not respect them, she was unable at -her deposition to name any person who complained about Geras ' in this way other than Annette Greer. In fact, Cross further suggested that no one actually made such statements to- her, but,'instead, she may have overheard such comments at “the nail salon” or the “beauty shop.” Although Ferris had informed Geras that he planned to interview all relevant individuals who were involved in the Curtis Hewitt incident, and to fairly report his findings to the Board, there is no evidence that he interviewed anyone other than the Plaintiff. It is undisputed that Ferris’s engagement was terminated before his investigation was complete ¡and before he issued any findings relating to the-Plaintiff s complaint of discrimination. The circumstances surrounding the termination of Ferris are unclear. Geras testified that, to date, he is -unaware of any documents or Board resolutions officially terminating Ferris’s engagement. In fact, he only learned that the investigation had been prematurely terminated through word of mouth from Dr. Garcia. Dr. Garcia testified that Ferris was discharged in June 2012. According to Garcia, this is significant because Board elections were héld in May 2012, which resulted in Cross being elected President of the Board, and two new members, namely, Waylyn Hobbs and. Shelley Braz-ley, being elected to replace outgoing Board members Brandon Ray and Gladys Rivera. Dr. Garcia noted that the Board had been interested in investigating allegations of discrimination by Cross prior to May 2012. However, one month after Cross- became the Board’s presiding officer, a'decision was made to discontinue the investigation into her actions; • At her deposition, Cross could not recall ever meeting with Ferris and could not recall the circumstances under which'he was discharged. E. The Board’s Initial Denial of the Plaintiff’s Tenure On August 22, 2012, Dr. Garcia wrote an official letter to Geras informing him that she planned to recommend him for tenure at the September 20, 2012 scheduled Board meeting. According to Geras, he felt secure that the Board would- approve Dr. Garcia’s recommendation for tenure because, as a policy-making body, it is required to base such decisions on a fair evaluation of a candidate’s performance. In this regard, Geras testified that “all [of his] indicators were superior performance” and were validated by “outstanding reviews” from the Board’s own independent auditors. On September 20, . 2012, the Board convened a regularly scheduled meeting, the minutes of which are in the underlying record before the Court. The. minutes reflect that a vote was taken to approve Dr. Garcia’s recommendation of Geras for tenure. The motion failed, with one member voting in favor of tenure; three voting against; and one, namely, Cross, abstaining. . Despite Cross’s abstention from the initial tenure vote, Dr. Garcia testified that Cross likely played a significant role in the Board’s decision to deny the motion. Two days later, on September 22, 2012, a Saturday, the Board met in an emergency executive session and placed Geras on paid administrative leave, effective immediately. The testimony from Dr. Garcia suggests that the Board’s decision to immediately place Geras on leave was highly unusual. In this regard, she testified that, by law, after the vote was taken to deny his tenure, the Plaintiff was entitled ■ to retain his position for the remainder of his three-year probationary period, until the end’ of October 2012. However, according to Dr. Garcia, rather than allowing Geras to do so, the Board convened an emergency weekend meeting, which was attended by the District’s attorney, for the express purpose of-devising a strategy to immediately remove Geras from his position. She further testified that, during her entire employment with the District, she had never witnessed another employee be placed on administrative leave simply because they were denied tenure. Cross acknowledged that this meeting was convened, but asserted that she could not recall what the emergency or the purpose of the meeting was. Further, according to Garcia, this special Board session was unusual because she, as Superintendent, was not invited to attend. In this regard, she testified that personnel decisions are uniquely within the purview of the Superintendent’s authority and that any decision to placó an employee on administrative leave would have to have originated with a recommendation from her. ’ In other words, the Board lacked authority to act on its own accord to place an employee on leave. Cross testified consistently .with Dr. Garcia, stating that, although the Superintendent does not attend every executive session of the Board, typically a resolution, presented by the Superintendent or her designee, is required in order for the Board to place an employee on administrative leave. Nevertheless, Dr. Garcia did not make any such recommendation and is unaware of any person that did. At her deposition, Cross could not recall how the .Board went about placing Geras on leave. On or about September 25, 2012, the Board, prepared a document, addressed to the Plaintiff, -entitled “Statutory Notice Pursuant to N.Y. Education Law § 3031(b).” The notice advised Geras that on September 20, 2012,. the Board had rejected Dr. Garcia’s recommendation to grant him tenure.. The notice further stated that this vote was only advisory, and that a special meeting of the Board had been scheduled for October 29, 2012, at which a final determination on the Plaintiffs tenure would-be made. The September 25 notice also advised Geras of his rights to demand a written statement of the Board’s reasons for denying him tenure; and to submit his own statement responding to the Board’s stated reasons. On September-28, 2012, Geras made a written demand to the Board for a statement of reasons for .its decision to deny him tenure. ' On October 5, 2012, in response to Ger-as’s demand, the Board issued a written response outlining the following six individual bases for its determination: (1) the Assistant Superintendent for Pupil Personnel Services, one Deborah DeLong, had written a memo concerning an alleged incident in which Geras displayed an “aggressive and accusatory” approach toward her, which allegedly gave the Board “concern about [his] conduct and [his] exereise of sound discretion in matters involving the District’s personnel”; (2) as discussed above, Geras received a verbal warning regarding the comment he allegedly made to Ann DeLutri that Carlos Ramirez was “a touchy feely person because he is Latin”-; (3) the Board allegedly found the incident in which Geras knocked on the ladies bathroom door looking for Annette Greer to constitute “appallingly bad judgment”; (4) as discussed above, Geras received a written warning from Dr. Garcia regarding an unauthorized “decision.about benefits,” which he had made outside of “the scope of [his] responsibility”; (5) allegedly, during contract negotiations with the teachers’ union, Geras made “calculations and analys[e]s” which were “clearly erroneous.and led to a breakdown in trust between the teacher’s union’s representatives and the School District,” and which resulted in the union members voting down the contract; and (6) in August 2012, Board member Hobbs visited a school campus with the Plaintiff and identified necessary repairs which, apparently, -the Plaintiff neither made nor arranged to have made. On or about October 17, 2012, the Plaintiff prepared a ten-page written response to the Board’s Statement of Reasons, specifically refuting the six enumerated bases for the Board’s decision; declaring each to be “not credible”; and providing written remarks supporting his contentions. To the extent they are not more particularly discussed, above, the Court briefly notes the following relevant disputes of fact, which are drawn from the Plaintiffs deposition testimony and are construed in his favor for purposes of this motion. As to the complaint by Deborah De-Long, Geras testified that his demeanor, which she described as “aggressive and accusatory,” was actually “professional” and “businesslike.” On the date in question, Geras was the Acting Superintendent in Dr. Garcia’s absence, and was responding to an urgent situation which required DeLong’s assistance. Apparently, De-Long had failed to arrive for work as scheduled, and, , after being unable to reach her by telephone, Geras was forced to travel with other members of the Business Department to her office to resolve , the issue. He testified that he was “absolutely not” reprimanded for this incident and Dr. Garcia was in “total[ ] support of [his] actions.” As to the allegedly failed teachers’ union negotiations, Geras testified that he, along with the District’s labor counsel, and other members of the District’s negotiating team, had effectively negotiated for each of the objectives given to them by then-President of the Board Charles Renfroe. However, before the negotiated terms could be voted on, Betty Cross was elected President of the Board. At' that time, she made a series of demands that caused the negotiations to collapse, and the District was seen as having reneged on the previously-negotiated- agreement in principle. According to Geras, the teachers’ union “absolutely” did not express displeasure with his conduct in this regard. As to the alleged repairs that Geras failed to make on one of the District’s schools, he testified that Hobbs’s account of this was an “outright lie.” Initially, Geras testified that neither Hobbs nor any other Board member has authority to direct an Assistant Superintendent to perform tasks such those described in the Board’s statement of reasons. In any event, Geras stated that each of the specified repairs was made; and the true root of the problem was the custodian at the building — a relative of Hobbs — who had failed to perform his duties and was eventually transferred. Of importance, at her deposition, Cross could not recall any of the reasons provided by the Board for denying Geras tenure. In this regard, she testified that it is usual for the Board to consider an applicant’s performance reviews in voting on a tenure recommendation and that' she believes Geras’s performance as Finance Director was taken into account by the Board. However, she also testified that she does not remember Dr. Garcia giving the Plaintiff outstanding performance reviews; and that, although she is not familiar with the Standard and Poor’s rating agency, she nevertheless doubts the accuracy of Dr. Garcia’s July 11, 2012 memo attributing the District’s financial stability to Geras. Further,' despite testifying that she does not “keep up with all of those things,” Cross suggested that Dr. Garcia’s July 11th memo was fabricated and that the prior administration was solely responsible for the Districts financial condition. In this regard, Cross testified that Dr. Garcia “often did not tell [the Board] -the truth,” but was unable to identify another occasion when the Superintendent had been untruthful. On or about October 18, 2012, Geras filed a third charge of discrimination with the NYSDHR, identifying each member of the Board á's'a'responsible party. In this complaint, Geras asserted that the most recent act of discrimination had occurred on September 22, 2012; that he had been retaliated against after filing previous complaints of discrimination; -and that, as retaliation for his prior complaints, .the Board intended to terminate his employment at the October 29, 2012 scheduled meeting.. F. The Board’s Final Denial of the Plaintiffs ¡Tenure The special meeting of the Board, which was originally scheduled for October 29, 2012, was adjourned - to November 12, ■2012. On that date, the -Board convened for the purpose of making a final determination as to the Plaintiffs tenure. .The minutes of this meeting, which aré-in the underlying record before the Court, reflect that a second vote was taken to approve the Board’s prior denial of Geras’s tenure and to terminate his employment. The following motion was carried,, "with four members, including Cross, voting in favor, and one voting against: RESOLVED, that the Board of Education, at a special meeting' of the Board, on November 12, 2012, pursuant to N.Y. Education Law § 3031(b), rejects the recommendation of the Superintendent to grant Robert Geras tenure and has made a final decision to terminate Robert Geras’ employment with the School District effective 11:50 p.im on November 12, 2012[.] In support of the instant motion, Board members Waylyn Hobbs, JoAnn Simmons, and Shelley Brazley, each of whom, together with Cross, voted to deny Geras tenure, submitted identical affidavits stating that Geras’s complaints of discrimination to the NYSDHR played no role in their decision making. Rather, each of them stated that their decision was based solely on the incident where Geras allegedly knocked on the ladies bathroom door looking for Annette Greer. The Court notes that each member of the Board also testified that Betty Cross had not influenced their vote on any issue; and that none of their votes has been cast based on race, ethnicity, or national origin. In particular, JoAnn Simmons stated that, although “[t]here were always complaints coming in about Mr. Geras,” the Annette Greer incident “was wrong” and- she “just could not see having a male that is going into the ladies room for no reason.” The Court notes that Simmons testified that Betty' Cross had campaigned for her reelection to the Board in 2013. Cross also acknowledged campaigning for Brazley’s election to the Board. Further, Hobbs testified that he voted against- the Plaintiff’s tenure “based on several complaints received from employees of the school , district,” including the one from Annette Greer. He also noted the allegedly poor overall physical conditions of the school district, the maintenance of which was Geras’s responsibility. He claims to have had several conversations with Geras about his concerns before voting against tenure. However, the Court notes that Betty Cross is Hobbs’s godmother and served as his Campaign Manager when he ran for a seat on the Board. Dr. Garcia disputed the Board members’ assertions in this regard, testifying that she believed the Plaintiffs termination was “illegal” and was “definitely” motivated by his race and-his prior complaints of discrimination. The Court notes that the Plaintiff was replaced by one Gerard Antoine, an African-American individual who was previously supervised by Geras. Geras testified that he currently is employed as the facilities manager at Ford-ham University, making approximately $60,000 per year less than what he earned in his previous position with the District. G. Additional Facts — The Plaintiffs Prior Employment by Elmont Union Free School District Prior to obtaining his position with the District, Geras was the Director of Business and Facilities for the Elmont Union Free School District (“Elmont”). The Defendants submit evidence relating to the Plaintiffs prior employment, as well as evidence relating to a purported post-termination lawsuit that he filed against El-mont. The Court has reviewed this evidence and finds that it lacks any relevance to the substantive questions in this case, and is probative only to the extent that the Defendants characterize Geras as a “serial litigator.” H. Summary of the Plaintiffs Claims. On September 12, 2013, Geras commenced this action against the Defendants, alleging the following causes of action: (1) Racial discrimination against the District, the Board, and Betty Cross, individually, in violation of Title VII and the NYSHRL; (2) Discriminatory Retaliation against the District, the Board, and Betty Cross, individually, in violation of Title VII and the NYSHRL; : (3) Hostile work environment against the District, the Board, and Betty . Cross, individually, in violation of Title VII and the NYSHRL; . . (4) Aiding and abetting unlawful discrimination and retaliation against ■ Betty Cross, individually, in violation of the NYSHRL; and • (5) Violation of the Fourteenth Amendment right to equal protection, as a . result of.unlawful.discrimination, retaliation, and hostile work environment, • against the . District, . the Board, and. Betty Cross, individually, in violation of § 1981 and § 1983. Before turning to a legal discussion of these claims, the Court makes a few preliminary observatioris. First, the complaint'does not clearly indicate whether Geras is as