Kristina Welsh was a janitor at City University of New York’s (CUNY’s) Hostos Community College campus in the Bronx, where she alleged that she was sexually assaulted and harassed by her supervisor, Julio Centeno.  When she sued for sex discrimination, CUNY and Hostos moved to dismiss her complaint because Ms. Welsh had not filed a notice of claim within 90 days of her initial assault.

In a decision dated April 3, 2024, the Bronx Supreme Court rejected CUNY’s argument and ruled that the sex discrimination case could proceed.

First, the Bronx Court observed that under the “continuing violation doctrine” the “numerous sexual assaults and harassments” by Centeno that preceded the statue of limitations were sufficiently similar to be viewed as part of a single discriminatory practice.

Second, the Bronx Court observed that Welsh had complained to CUNY’s Title IX Officer through its human resource department; CUNY investigated her allegations, and, CUNY substantiated her complaint, finding her credible.  Thus, the Bronx Court concluded that CUNY had actual notice of Ms. Welsh’s allegations of sexual assault and harassment.

As a result of the Bronx Court’s decision, Ms. Welsh is allowed to proceed with her sex discrimination lawsuit against CUNY, Hostos, and Centeno.

If you are a victim of sexual assault, harassment, or employment discrimination, contact the Law Office of Todd J. Krouner, P.C.  We have a proven track record of helping victims of sexual assault obtain justice, and recover substantial monetary damages, in civil lawsuits.  To determine if you have a strong case, contact us for a free consultation at (914) 238-5800.