WEST PALM BEACH, Fla. – A federal judge has denied Florida Atlantic University’s motion to dismiss a complaint of sexual discrimination and retaliation filed against it by its former Dean of Students.
Magistrate Judge Ryon M. McCabe for the U.S. District Court for the Southern District of Florida issued the order after it was referred to him by Judge Aileen M. Cannon.
The discrimination case was filed against FAU’s Board of Trustees by plaintiff Audrey L. Pusey. Pusey worked for FAU in various capacities from 2017 until Feb. 19, 2025. She served as Assistant Dean of Student Affairs, Associate Dean of Student Affairs, and Dean of Students.
In her lawsuit, she alleges FAU sexually discriminated against her in violation of the federal Civil Rights Act, retaliated against her, and created a hostile work environment.
More specifically, Pusey alleges her former supervisor, Dr. Larry Faerman, excluded her from search committees; excluded her from high-level meetings; excluded her from operational planning meetings, including renovation planning for her own office; removed the Office of Dean of Students from marketing materials and left it without a social media presence; and even passed a termination letter back and forth in front of her during an unrelated Student Affairs meeting.
According to court documents, Pusey made more than 19 informal complaints to university officials in 2023 and 2024. She also made written complaints to Deputy General Counsel Daniel Jones. On June 24, 2024, she also made an initial inquiry with the Equal Employment Opportunity Commission, alleging discrimination in the workplace.
In response to the complaints, Pusey alleges FAU retaliated against her by subjecting her to “further exclusion” from meetings, conversations, projects, and opportunities; a reduction in performance evaluation ratings; physical intimidation, including door-slamming; and eventually her constructive discharge
Pusey also alleges the hostile work environment impacted her health, causing her “multiple” documented emotional breakdowns, weight gain, elevated blood pressure, memory issues, fatigue, and anxiety.
She claims her health “significantly worsened” by February 2025, forcing her to submit her resignation Feb. 16, 2025.
FAU, in its motion, sought to “limit” or “clarify” the factual and temporal scope of the sexual discrimination count.
But McCabe, in his 12-page order, said no limitation or clarification is necessary.
“In the Court’s view, the mere fact that a pleading contains facts outside the 300-day window does not mean the pleading should be dismissed, limited, or clarified,” the judge wrote. “A plaintiff may include such facts – at both the pleading stage and at trial – as part of the background evidence to support a timely claim of discrimination.”
McCabe also found a plausible claim for retaliation, despite FAU claiming a lack of “clear dates.”
“A complaint need only ‘provide enough factual matter to plausibly suggest intentional discrimination or retaliation,’” the judge noted.
“The Court agrees that, as a matter of logic, a plaintiff cannot show but-for causation unless the adverse action chronologically follows the protected activity. In this case, however, Plaintiff alleges multiple acts of protected activity and multiple adverse employment actions.”
He continued, “In the Court’s view, a complaint need not connect the dots between every protected activity and every adverse employment action.”
McCabe also shot down FAU’s urging to dismiss the hostile work environment count – but he does question Pusey’s ability to prevail.
The judge noted courts have dismissed or granted summary judgment on such claims involving “far more egregious” workplace behavior.
“Nevertheless, the Court finds the allegations of Count 3 minimally sufficient to survive dismissal,” he wrote.
“Defendant remains free to revisit Count 3 at summary judgment with the benefit of a full factual record. In the meantime, the motion should be denied.”
According to the judge’s order, the parties have 14 days from the date of being served with a copy of his order to file written objections, if any, to Cannon.
If a party does not intend to object, it must file a notice to that effect within five days, McCabe ordered.
