Law Firm hired by SHU finds no evidence of sexual harassment by ex-Board of Regents chair
BY LEV D. ZILBERMINTS
SOUTH ORANGE – A law firm hired by Seton Hall University to investigate former SHU President’s claims of sexual harassment against his wife found no evidence to support the claim. The new twist makes the case even stranger than a Nancy Drew mystery.
“Local Talk” did diligent research on this story. Sources include “Local Talk” archives, court papers, and reports from other news sources. As per standard journalism practice, credit is given to each source for their information.
According to the New York Times article of July 11, 2024, as reported by Christopher Maag, Seton Hall University “hired a legal firm, Perry Law, in New York to examine the claims, made by the former president, Joseph Nyre, in a lawsuit that he and his wife, Kelli Nyre, filed in February. In the suit, Mr. Nyre also said that the former board chairman, Kevin Marino, had engaged in a campaign of intimidation against him.”
“Local Talk” reported on the Nyres’ lawsuit in its February 15, 22, 29 and March 7, 2024 issues. Parts of previous articles will be used as sources for the current one.
According to Maag, “After taking statements from more than a dozen university leaders, “not a single witness corroborates the alleged instances of harassment,” the investigators wrote in their report.
According to the New York Times, Armen McOmber, a lawyer for Mr. Nyre, responded that the Perry firm had acted “hand in glove” with the university “to threaten and disparage” Mr. Nyre and Ms. Nyre.
“The investigation report is an obvious sham,” Mr. McOmber said in an email.
According to the New York Times, Laurie A. Pine, a spokeswoman for the university, said in an email that the university was “satisfied with the diligence of the investigation and its conclusions.”
As reported by the New York Times in its July 11, 2024 edition, “The investigation was led by Karen Friedman Agnifilo, a former assistant Manhattan district attorney and deputy chief of the office’s sex crime unit. Investigators said they found evidence that Mr. Nyre had encouraged a former chief financial officer at the university to make a false claim of harassment against Mr. Marino.
Christopher Porrino, a lawyer for Mr. Marino, said in an email, “We will take the steps necessary to hold the Nyres personally accountable for their actions.”
NJ Advance Media for nj.com reported in its July 12 updated online edition that the “report added that it was “highly unlikely that the events occurred” as had been alleged by Nyre, who also charged in a lawsuit earlier this year that he had been the victim of retaliation, misconduct and “gaslighting” by the university in what turned into a bitter feud with former Board of Regents chairman Kevin Marino. The fight ultimately led to s separation agreement and Nyre’s departure from the private Catholic university in South Orange.”
As reported by nj.com, “Nyre’s attorney, R. Armen McOmber of McOmber McOmber & Luber, called the investigation report “an obvious sham” that “contains misrepresentations and completely inaccurate findings, and failed to even interview the right witnesses.”
As reported by nj.com, McOmber said Seton Hall had publicly and unambiguously declared the claims to be “frivolous” and “completely without merit,” months before finalizing the investigation report.
“The conclusions of the investigation, which began the same day that the Nyres filed their complaint, were a foregone conclusion and were predetermined before the investigation even began,” he said. “The investigation report falsely represents the Nyres refused to participate in the alleged investigation despite the university’s repeated attempts to contact them. In reality, investigators were urged by the Nyres’ counsel to interview them regarding Mrs. Nyre’s complaints of sexual harassment throughout December 2023. The university refused and only commenced its investigation after the legal complaint had been filed and after the university had already declared what the findings would be.”
More than ever, said McOmber, “my clients look forward to their day in court.”
Joseph Nyre is seeking back pay, being restored to his position as president, and benefits.
According to data compiled by the Chronicle of Higher Education, Joseph Nyre was New Jersey’s highest – paid president, with salary and benefits totaling $1.27 million.
Unanswered Questions
The whole story with Joseph Nyre, Kelli L. Nyre, Kevin Marino, the Board of Regents, and others reads like something out of a mystery novel. There are many unanswered questions that need to be brought to the light of day.
First, who is telling the truth and who is lying? Investigators seem to have found evidence that Joseph Nyre was not being truthful. Then again, what about the claims that Kelli Nyre made? Was that all for show? Or did something actually happen? Are SHU leaders closing ranks in order to protect the school? Or are they telling the truth?
Second, what motive would the Nyres have for coming up with a fictitious story? Revenge? Exposing unfair practices? The problem here is that in the past, Seton Hall University had major scandals. In 2022, there was an embezzlement of at least $975,000 by a small group of law school employees. In 2018, there was the failure to protect students from sexual harassment and rape on campus. In 2000, there was the infamous Boland fire that killed three students, injured 64, and caused multimillion-dollar lawsuits.
Third, as Mr. McOmber states, were all witnesses interviewed? Because if something was missed, then that puts the investigation under question. Still, the question begs to be asked, why were not the issues of gaslighting or retaliation addressed in the report?
Fourth, according to the Perry report as stated by nj.com, “…approximately six weeks after the alleged kissing incident the Nyres and their children voluntarily went to Mr. Marino’s vacation home in Martha’s Vineyard and the two families spent the day together.
“The families swam, ate, and drank together and Mr. Marino recalled that he and Mrs. Nyre had a long conversation about a book they were both reading, and that she did not express or show any discomfort in his presence,” the report noted.
So, what is going on here? If the Nyres and Marinos were bitter enemies, why would they go vacationing together? Was this an attempt to mend fences and bury the hatchet? That would be a plausible explanation, but who knows?
What the Perry Report says
According to nj.com, “Investigators said they spoke with the majority of those seated with the Nyres and the Marinos at the first event, and several priests who attended the event, given Mrs. Nyre’s recollection that a priest was standing beside her when the alleged harassment occurred.
“None of those individuals witnessed any harassing, inappropriate or even unusual contact between Mr. Marino and Mrs. Nyre. Everyone we spoke to unequivocally denied seeing Mr. Marino touch Mrs. Nyre’s hair or kiss her neck, or hearing him say, ‘You know I love you.’”
In fact, the Perry Law investigation cited a sworn certification alleging that Nyre pushed another woman “to make a false harassment allegation against Mr. Marino,” who later made it clear “that she did not feel Mr. Marino sexually harassed her in any way.”
According to previous coverage by “Local Talk” in February – March 2024, Joseph Nyre alleged that he was leaving because his concerns regarding the investigation into the financial scandal at the Seton Hall law school were not addressed. Nyre also alleged that Marino interfered with the law school investigation, tried to give then – Dean Boozang a million-dollar salary, admit unqualified students to the law school, and more.
Additionally, Joseph Nyre claimed that Marino sexually harassed his wife, Kelli L. Nyre, at two events. The first one was held in June 2021, when Kelli L. Nyre claimed Marino allegedly “placed his hand on her back preventing from moving, moved hair away from her neck with his other hand, kissed on the neck, and whispered into her ear, “You know I love you.’”
According to “Local Talk” archives, court papers and nj.com, “The second (incident) cited a Board of Regents Christmas reception on December 6, 2022, when Kelli Nyre in court papers said that Marino allegedly “placed his hands on her shoulders and commented in a lascivious tone, ‘Look at (Kelli Nyre) rocking the Loubees,” in an apparent reference to her Christian Louboutin shoes.”
According to nj.com, “Despite the Nyres’ account, the Perry report said not a single witness corroborated the alleged instances of harassment.”
