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Title IX provisions
In her two-page ruling late Thursday, U.S. District
Judge Kari Dooley agreed with the university’s as-
sertion that Title IX of the Education Amendment
Act of 1972 provides for no private remedy for em-
ployment discrimination claims.
Dooley further found a “split of authority on this
issue among several Circuit Court of Appeals, and
no clear guidance from the Supreme Court or the
Second Circuit of Appeals” on whether Title IX al-
lowed for a remedy in employment discrimination
cases. Jim Calhoun during an NCAA college basketball game
The Title IX claim was the only one cited in the on Jan. 10. Photo: Jessica Hill/AP

lawsuit, but plaintiff ’s counsel said they will continue as head men’s basketball coach for 26 years, winning
to pursue sex-discrimination and retaliation claims several NCAA titles. He joined the Saint Joseph in
with the state’s Commission on Human Rights and September 2018.
Opportunities and the federal Equal Employment Calhoun and Miller didn’t respond to requests for
Opportunity Commission. comment Friday.
Meanwhile, Piscitelli alleged in her lawsuit that Representing the university are Murtha Cullina
she was working in a male-dominated and hostile attorneys Patricia Reilly and Martha Royston. They
environment with a “disdain” for women. referred all comments to the university.
Piscitelli, who was fired from the university in In a statement emailed Friday, university spokes-
June 2019, alleged Calhoun acted inappropriately woman Diana Sousa wrote, in part: “As we always
on several occasions. She cited several alleged inci- do, we took the allegations of wrong-doing very
dents, including Calhoun making her open a door seriously. We are pleased to report the court has
for him, even though he had keys, and forcing her entered judgment in favor of USJ and closed the
to clean up coffee cups he’d dropped and stepped federal court case. We await the decision by the
on, and then commenting that his wife would have Connecticut Commission on Human Rights and
cleaned them if he were home. Opportunities in the coming months and have no
Piscitelli’s suit alleged Calhoun and Miller had a further comment at this time.”
work environment in the athletic department where Representing Piscitelli are Jacques Parenteau and
“women were treated as second-class citizens.” Magdalena Witkor of Madsen, Prestley & Parenteau
On one occasion, the plaintiff alleged, Miller ref- in New London.
erenced the dating app Tinder to insult her. The “Ultimately, the Court of Appeals has to resolve
lawsuit says Miller said he’d “swipe left” on the site’s this conflict,” Parenteau wrote in an emailed state-
feature, which permits users to reject a potential ro- ment, referring to private rights of action under
mantic match. Title IX. “Nevertheless, we will continue to pursue
On another occasion, Piscitelli alleged Calhoun our client’s Title VII remedies, as well as the Con-
told her, “Well, you’re certainly hot,” remarking necticut Fair Employment Practice claims, that are
about her looks. identical to those dismissed by Judge Dooley in a
The lawsuit sought compensatory damages, back separate action.”
pay and reinstatement, compensatory damages, at- ¦

torney fees and punitive damages. Robert Storace covers legal trends, lawsuits and

Human rights commission analysis for the Connecticut Law Tribune. Follow
Calhoun is a nationally recognized basketball him on Twitter @RobertSCTLaw or reach him at
coach. He worked for the University of Connecticut 203-437-5950.

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