SUIT OF THE WEEK: STUDENT MAY SUE OVER BEING CALLED 'MONICA'.

A former student at State University of New York - New Paltz may proceed with her lawsuit claiming her political science professor harassed her by, among other things, calling her "Monica" because of her imagined resemblance to Monica Lewinsky.

The ruling in Inbal Hayut v. SUNY et al. (02-9014) reversed a lower court's ruling dismissing Hayut's claim against Professor Alex Young while upholding dismissal of claims against the school and its other officials.

Young's alleged conduct in the fall of 1998 "was not limited to using the 'Monica' nickname, but included other comments as well," Judge Guido Calabresi wrote Dec. 18 for the appellate panel.

"These added context to the nickname by associating Hayut with some of the more sordid details of the Clinton/Lewinsky scandal."

For example, Calabresi wrote, Young allegedly asked her regularly, "How was your weekend with Bill?" and twice said, "Be quiet, Monica. I will give you a cigar later."

Court documents indicated that although Hayut said she felt humiliated and had difficulty sleeping as a result, she never challenged Young over his conduct or reported it to school officials until later.

When school officials heard about it, Young said the remarks were intended as jokes. Told they were taken seriously, he elected to retire.

Hayut sued SUNY, Young and individuals defendants in 2000, alleging unlawful harassment and discrimination.

U.S. District Judge David N. Hurd granted summary judgment to the defendants, and Hayut appealed.

The Fifth Circuit panel said it found "sufficient, disputed evidence in the record" to make dismissal of the claims against Young inappropriate.

"Hayut presented sufficient evidence to raise a triable issue of fact with respect to the severity or pervasiveness of Professor Young's conduct," Judge Calabresi wrote, so she may proceed with her claim under Section 1983 of the Civil Rights Act that a state official deprived her of a federally protected right.

Further, he said, a jury could find Young's conduct "created an educational environment (a) which rose to an objective level of hostility on the basis of sex, and (b) which had an adverse effect on the terms and conditions of her educational experience."

He said there was enough evidence for a jury "to find the 'Monica' comments were severe enough to transcend the bounds of propriety and decency, let alone harmless humor, and become actionable harassment based on Hayut's sex."