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Defendant's Attorney: Ronald W. Schneider, Jr. and William J. Wahrer

Description: Portland, Maine civil rights lawyer represented Plaintiff, who sued Defendant sexual harassment theory.


Plaintiff Tyler Anderson, a Massachusetts resident, began attending the University of New England (“UNE”) as a student in 2015. In the fall of 2018, Anderson began his senior year with a class schedule that included a biochemistry class with UNE Professor Deena Small.

During the first meeting of this biochemistry class, Small made eye contact with Anderson and smiled. At next meeting, Small greeted Anderson with a “big smile,” “brushed by Anderson,” and asked him how he was doing. These initial interactions left Anderson “preoccupied” with trying to figure out whether he and Small had met previously. Similar interactions continued. During the September 5th class, Small “greeted Anderson with a big ‘hello' and used his name.” During the September 7th session, Small “met Anderson with another greeting.” At this point, Anderson decided to change his seat and contemplated changing classes, believing the professor had “singled him out.”

Despite Anderson's relocation, Small sought to engage him in conversation after two subsequent classes. After the September 10th session, Small approached Anderson and asked him how he liked the class. She told Anderson that he was “smart, attractive and should do well after graduation.” (Id.) She also complimented Anderson on “the way [he] dressed” and lightly squeezed his arm. At the September 12th class, Small asked to see Anderson after class. In this post-class meeting, Small asked Anderson how he was doing and commented that he “looked sharp.” The professor asked Anderson how often he worked out, remarked that it showed, and again touched his arm. The next day, Anderson missed several classes due to a headache induced by tension and anxiety.

At the conclusion of the September 14th class, Small approached Anderson and invited him to meet her at a restaurant. Anderson ultimately declined, citing his plan to drive home to Massachusetts for the weekend. Small suggested they could figure out another time during the next class.

The following week, Small renewed her invitation, suggesting that they meet at a local pizza parlor. Anderson agreed and drove to the establishment, but when Small arrived, she suggested that they go somewhere else. Anderson then got into Small's car and they drove to a coffee shop. At the coffee shop, their legs touched under their table and Small touched Anderson's hand. Small asked Anderson if he was attracted to her, and Anderson replied that he was “not interested.” When Small suggested that they go for drinks, Anderson demurred. Anderson sensed that Small was “not happy” with his responses. (Id.) After another fifteen minutes, Small drove Anderson back to his car.

On September 19th, Small approached Anderson at the lecture hall's entrance and asked if he had thought things over. Anderson responded, “[I]s this about a relationship?” To which Small replied, “[C]ould be, or something more casual.” Anderson rebuffed Small again, explaining that she was “not what he was looking for in a woman” and that he needed to prioritize his studies. He also told the professor that he had considered dropping her class. Anderson stayed in his dormitory the rest of the day, missing several classes. He periodically missed Small's biochemistry class moving forward.

By the end of September, Anderson was depressed and was continuing to consider dropping Small's class. On October 2nd, a UNE dean emailed Small asking her to reach out to Anderson. On October 11th, the same dean again reached out to Small about Anderson. At this point, Small informed the dean that she intended to contact UNE's security department because she felt threatened by Anderson.

Over the next month, Small rejected requests from Anderson to make up assignments and to withdraw from her class. On November 1st, despite a finding by UNE's security department that Anderson posed no threat to Small, UNE issued the professor a panic button. Around this same time, Small's allegations against Anderson became public knowledge on campus.

On November 8, 2018, due to Small's actions, Anderson filed a Title IX complaint with UNE and further requested to withdraw from Small's class and for the professor to “cease and desist with her retaliatory behavior.” (Id.) Beginning November 12th, a security officer accompanied Small to her biochemistry lectures. Later that month, UNE evicted Anderson from his dormitory.

During this period, other UNE students allegedly armed themselves with knives to defend themselves from Anderson. On December 4th, Anderson's father spoke with UNE's head of security and requested that UNE investigate the “portrayal of Anderson as a threat on campus” and the alleged knife-wielding students. Later that month, UNE evicted Anderson from campus and required him to attend classes remotely while living in a nearby hotel.

In December 2018, UNE claimed to have completed its investigation into Anderson's Title IX complaint. On January 2, 2019, Anderson's father notified UNE of errors in UNE's investigative report. Anderson also asserts that UNE's investigation failed to consider the retaliation he experienced from Small and UNE. Ultimately, Anderson withdrew from UNE. Anderson cited the “harassment and retaliation” he experienced as the reason for his “forced” withdrawal prior to graduation.

Outcome: The Court GRANTS IN PART Defendant's Motion and hereby DISMISSES Counts III & V of the Amended Complaint. With respect to Counts VI & VII, the Court DENIES Defendant's Motion.

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