Plaintiff, a student at Hunter College of the City University of New York, referred to in this case as Jane Doe, brought this private lawsuit against the College on August 20, 2004. She also brought claims against the College's President, Jennifer Raab, and its Acting Vice President, Eija Ayravainen, in their individual capacities and their capacities as administrators of the College.

Plaintiff suffered from Major Depressive Disorder and was diagnosed with Attention Deficit Hyperactivity Disorder. In June of 2004, she attempted suicide in her dormitory room at the College. She had also overdosed on medication earlier that year while at school. Pursuant to a school policy stating that students who attempt suicide would be asked to take a leave of absence from their Residence Halls for a semester, following the incident on June 5, the College notified plaintiff that she would not be allowed to live in the dorm during the fall 2004 semester. The College also told her she would be required to visit with Deans and counselors on campus.

In her Amended Complaint, filed on October 7, 2004, plaintiff brought the following claims: 1) intentional discrimination under the Fair Housing Act; 2) intentional discrimination and failure to accommodate in violation of Title II of the Americans with Disabilities Act; and 3) intentional discrimination under Section 504 of the Rehabilitation Act. Plaintiff sought declaratory and injunctive relief as well as compensatory and punitive damages.

Defendants moved to dismiss the Amended Complaint on October 27, 2004, alleging that as a state institution, the College and its officials were protected by Eleventh Amendment immunity. On August 25, 2005, Judge Sidney H. Stein denied defendants' motion to dismiss and ordered the parties to begin discovery.

The parties engaged in negotiations and, on August 22, 2006, jointly filed a notice of voluntary dismissal. On the same day, the parties filed a Settlement Agreement. The Agreement indicated that defendants would pay a total of $100,000 in attorneys' fees and would pay approximately $63,000 in damages to plaintiff over a period of 48 months.

The case is closed.

Lauren Latterell Powell - 01/08/2018


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