By Lev D. Zilbermints
Kelly L. Nyre, the wife of former Seton Hall University (SHU) President Joseph Nyre, has filed a lawsuit alleging sexual harassment at SHU. In court papers, Ms. Nyre describes at least two incidents of sexual harassment by Kevin Maroni, the former Chair of the Board of Regents, one of two governing bodies of Seton Hall University. The Board of Trustees is the other governing body of SHU.
Facts. First sexual harassment incident.
According to court papers, “Plaintiff K. Nyre was, at all times relevant hereto, married to Plaintiff J. Nyre.
“Throughout Plaintiff J. Nyre’s employment with Defendant SHU, Plaintiff K. Nyre possessed a Defendant SHU Identification Card and email address, and was called upon to attend and/or host various meetings, fundraisers, events, and appearances in her official capacity as (1) a liaison on behalf of Defendant SHU and (2) the spouse of Defendant SHU’s president.
“Plaintiff K. Nyre also regularly met with a University executive assistant to review Plaintiff K. Nyre’s University schedule where her presence was needed and/or expected.
“Further, Plaintiff K. Nyre traveled to various events on behalf of Defendant SHU that were funded by Defendant SHU.
“On or about June 9, 2021, Plaintiff K. Nyre attended Defendant SHU’s annual Board Dinner on campus in Jubilee Hall.
“At the dinner, seating was organized such that Plaintiff K. Nyre was placed next to Mr. Marino for dinner.
“The reason K. Nyre was sitting next to Mr. Marino was because of a prior phone call between Mr. Marino and Plaintiff J. Nyre on May 20, 2021 wherein Mr. Marino angrily disparaged Plaintiff K. Nyre and falsely accused Plaintiff K. Nyre of ‘not spending enough time’ with Mr. Marino the prior evening at a fundraising event hosted by Plaintiffs K. Nyre and J. Nyre at their home.
“Accordingly, seating for the dinner was arranged intentionally to sit Plaintiff K. Nyre next to Mr. Marino to ensure he received the ‘attention’ he previously demanded.
“Then, before sitting down for dinner, Mr. Marino approached Plaintiff K. Nyre, placed his hand on her back preventing Plaintiff K. Nyre from moving, moved Plaintiff K. Nyre’s hair away from her neck with his other hand, kissed K. Nyre on the neck, and whispered into her ear, ‘you know I love you.’”
According to court papers, “Plaintiff K. Nyre was deeply humiliated, offended, and uncomfortable by Mr. Maroni’s blatant sexual harassment.
“Indeed, for that reason, Plaintiff K. Nyre made an intentional effort to attend far fewer events for Defendant SHU and if she did have to attend same, requested either Plaintiff K. Nyre or another staff member be near Plaintiff K. Nyre at all times in the presence of Mr. Marino.
“Simultaneously, Plaintiff K. Nyre reported the sexual harassment to Plaintiff J. Nyre.
“In connection with Plaintiff J. Nyre’s obligation as a mandated reporter under applicable policy and law, and pursuant to the Responsive Action Plan (“RAP”) developed in connection with the Cardinal McCarrick investigation, Plaintiff J. Nyre reported the sexual harassment to general counsel and Regent Murray.
“Notably, Plaintiff K. Nyre was, at this juncture, very concerned about retaliation against herself, Plaintiff J. Nyre, and/or their family by Mr. Marino or the Board.
“Plaintiff K. Nyre was never contacted by the University in connection with any investigation into the sexual harassment to which she was subjected by Mr. Marino.
“Thereafter, on December 1, 2022, at the Oread Hotel in Lawrence, Kansas, Plaintiffs J. Nyre and K. Nyre were in the hotel lobby on university business when Regent Murray approached Plaintiff K. Nyre and told her he was aware of issues involving Mr. Marino and advised that he was supposedly taking steps to resolve these issues.
“However, Mr. Marino’s campaign of sexual harassment continued.”
Mr. Maroni’s statement to the Setonian
Here is what Mr. Maroni had to say about the sexual harassment allegations and Dr. J. Nyre’s lawsuit. This statement was published in the students’ online newsletter, the Setonian, on February 16, 2024.
“Dr. Nyre’s lawsuit, in which I am not a defendant, is rife with false and defamatory statements. I recruited Dr. Nyre to serve as Seton Hall’s President in 2018 and he recruited me to serve as Chairman of the Board of Regents. He and I then worked effectively together for several years before I objected to his gross mishandling of the investigation of an embezzlement scandal at Seton Hall Law School. He hired a friend of his to conduct that investigation – a lawyer fired by the Iona University Board of Trustees – and together they made former Law School Dean Boozang a scapegoat of that scandal although she had nothing whatsoever to do with it.
“When I lodged my objection, Dr. Nyre vowed to have me removed as Chair and proceeded to make a host of false allegations about me to a group of six Regents, centered around the entirely bogus claim that I had a conflict of interest based on my professional relationship with the Dean. In making that claim, Dr. Nyre concealed from those Regents an opinion letter written by the Connell Foley law firm stating, in no uncertain terms, that I had no such conflict. I completed my term as Chair on June 30, 2023, and resigned from the Board in December.
“Dr. Nyre’s wife’s disgraceful claim that I harassed her on two occasions is false in every respect. That never happened, and she knows it. I have provided ample evidence to the EEO Office refuting her baseless accusations, and expect to be fully exonerated when the pending investigation of that claim is resolved.
“Dr. Nyre’s lawsuit is a direct violation of his separation agreement with the University, to which I was not a party, and flatly undermines the statements he made when he left his position. Stated simply, he is attempting to rehabilitate his tarnished reputation and secure another undeserved payout from the University. I am confident that desperate and pathetic attempt will fail.
“I have loved and served Seton Hall for more than forty years, and will love and serve Seton Hall long after Dr. Nyre’s tenure is just a bad memory.”
Analysis
So what can be made out of Mr. Maroni’s statements? It is difficult to imagine everything that J. Nyre and Kelly L. Nyre describe is not truthful. Seton Hall University has a reputation for trying to ignore crises. History, however, shows that the Seton Hall administration did nothing to prevent the infamous Boland Hall Fire in 2000. Nor did the university do anything to protect its students against sexual harassment and rape. Protecting Pirates is an off-campus group of alumni and students who are survivors of rape and sexual assault. They have plenty of data about rape and sexual harassment on campus. SHU administration never met with Protecting Pirates.
The lawsuit by J. Nyre mentions harassment of employees by Mr. Maroni. This means that something really serious happened, yet the University is trying to ignore it. All told, it seems like Mr. Maroni is trying to throw mud at Plaintiffs J. Nyers and Kelli L. Nyers. Maroni’s response does not explain why the administration did not open an investigation into what was going on.
Having analyzed Mr. Maroni’s statement, let us return to what court papers say.
Second incident of sexual harassment. SHU does nothing.
According to court papers, “On December 6, 2022, Plaintiff K. Nyre arrived for Defendant SHU’s Christmas 2022 Board Dinner Reception in the University Center.
“Plaintiff J. Nyre’s arrival was delayed due to a Board meeting and, accordingly, Plaintiff K. Nyre was alone greeting guests and welcoming staff members to the dinner. Concerned that Plaintiff K. Nyre would be in Mr. Marino’s presence without him or his assigned staff, Plaintiff J. Nyre called Regent Kevin Flood (“Regent Flood”) and asked him to stand next to Plaintiff K. Nyre until he arrived.
“At that time, Mr. Marino approached K. Nyre from behind, placed his hands on her shoulders and commented in a lascivious tone, “Look at (Plaintiff K. Nyre) rocking the Loubees,” in a reference to Christian Louboutin shoes.
“Fortunately, Regent Flood approached Plaintiff K. Nyre, as requested by Plaintiff J. Nyre, and witnessed Mr. Marino’s improper sexual overture. Regent Flood immediately intervened and stood by Plaintiff K. Nyre until Plaintiff J. Nyre arrived.
“Following the event, Mr. Marino’s sexual harassment of Plaintiff K. Nyre was reported by Plaintiff J. Nyre to Regents Flood and Defendants Luciola and D’Alessandro. Again, Plaintiff K. Nyre was never contacted by Defendant SHU in connection with same.
“Throughout the Spring and Summer of 2023, Defendant SHU indicated they were initiating an investigation. Plaintiff K. Nyre expected to be interviewed; however, no interviews were ever conducted, and no investigation ever actually began.
“However, on or about November 16, 2023 – nearly one (1) year following the aforementioned incident – Plaintiff J. Nyre received a general notice that Defendant SHU was now conducting an investigation. Said notice requested any supplemental information regarding Mr. Marino, which Plaintiff J. Nyre and Plaintiff K. Nyre provided.
“Local Talk” wrote about Seton Hall University students and alumni, victims of sexual assault, in 2021-2023. According to Local Talk’s 2021-2023 articles, those that tried to get SHU to investigate sexual assault claims got nowhere.
According to court papers, “Suffice to say, it is clear that the aforementioned actions of Mr. Marino and inaction of Defendant SHU is harassing, discriminatory, and retaliatory on account of Plaintiff K. Nyre’s gender and/or sex.
“Plaintiff K. Nyre has been sexually harassed by Mr. Marino on a number of occasions over the course of years and, yet, Defendant SHU has failed to perform any formal investigation into same, let alone take remedial action to put the conduct to a stop.
“Each of the instances of Mr. Marino’s sexual harassment of Plaintiff K. Nyre occurred while Plaintiff K. Nyre attended Defendant SHU events in her official capacity as the spouse of Defendant SHU’s president, Plaintiff J. Nyre. Accordingly, at all times relevant herein, Plaintiff K. Nyre was an “employee” of Defendant SHU as defined under the NJLAD.
“On the account of the joint and several acts and omissions of Corporate Defendants, Individual Defendants, John Does (1-5), and ABC Corporations (1-5), Plaintiff K. Nyre has been, and continues to suffer economic losses and pecuniary damage in the form of benefits past, present and future.
“On account of the joint and several acts and omissions of Corporate Defendants, Individual Defendants, John Does (1-5), and ABC Corporations (1-5), Plaintiff K. Nyre has been, and continues to, suffer non-economic damages in the form of humiliation, stress, and anxiety, causing her mental and emotional anguish and dysfunction and physical manifestations of same, included but not limited to, inability to sleep, headaches, negative thoughts, nervousness, anxiousness, upset stomach, and stomach pains, all or some of which may be permanent.”
