This revelation comes despite the City University of New York's (CUNY) previous intentions to terminate Curtis' employment following an investigation into the scandal, which was first brought to light by The New York Post.
According to The New York Post, the scandal, which unfolded in 2019, saw Curtis and two other academics accused of running a den of iniquity, dubbed "The Swamp," at the school's Midtown campus. The allegations suggested that the faculty members engaged in drug use, sales, and inappropriate sexual conduct involving students. However, arbitrator James M. Darby, in an 85-page decision, ruled that despite Curtis' "reckless and risky behavior," the professor should continue his tenure at the college after a year-long, unpaid suspension and additional training on CUNY's policies.
September 08, 2024
"CUNY – in no uncertain terms – was justified in taking this matter very seriously," Darby wrote in the Aug. 5 decision. However, he added, "I cannot accept CUNY’s position that termination is the only appropriate penalty here." Darby substantiated several allegations against Curtis, including his distribution of glassines containing heroin residue to students and his use of marijuana in his office, which was found to be littered with illicit drugs such as MDMA and synthetic marijuana.
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In addition to these findings, Darby concurred that Curtis had used misogynistic and sexual language towards a student, which was deemed inappropriate, and failed to comply with school policy regarding the reporting of alleged sexual harassment complaints against other faculty members. However, he dismissed the claim that Curtis was "pimping out" his students when he suggested female students meet a professor the school was considering hiring as a department head.
Despite the scandal, the school's faculty union argued that CUNY was likely aware of Curtis' marijuana use, possession of drug paraphernalia on campus, and his use of foul language. The union contended that "CUNY knew, or with a reasonable amount of investigation should have known, of much of [Curtis’] alleged misconduct," as Darby noted in his decision.
John Jay president Karol Mason expressed disappointment with the outcome but confirmed that the school would comply with the arbitrator’s decision under its collective bargaining agreement with the faculty union. "We will continue to prioritize providing a safe environment for our community members and we will continue to expect that CUNY policies are followed," she wrote in an Aug. 15 letter to the school community.
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The scandal first came to light in 2018 when former students Naomi Haber and Claudia Cojocaru alerted the school to the professors' misconduct. The allegations led to a civil lawsuit against CUNY and the four academics in 2019, accusing the professors of creating “a cesspool of sexism, misogyny, sexual harassment and illegal drug use,” and asserting claims for discrimination, retaliation, and violation of New York’s Gender Motivated Violence Act.
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The lawsuit included accusations that one of the professors allegedly raped one of the students in a Washington, DC, hotel room during an academic conference in 2015, and that Curtis and another professor groped the other student. Both women also alleged that Curtis sold illegal drugs on campus and that all four professors used and "thrust" illicit narcotics, including pot, cocaine, and heroin, onto students.
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In response to the allegations, the school placed the professors on paid leave and hired an outside law firm to investigate. The investigation found the academics engaged in “unprofessional conduct” that violated CUNY policies, according to a 2019 letter from Mason to the John Jay community. However, the letter did not disclose the nature of the misconduct, nor did it state whether the investigation substantiated the specific sexual misconduct or drug allegations.
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The scandal also prompted a probe by then-Manhattan District Attorney Cyrus Vance, although no charges were brought. The school did not renew the contract of one of the professors and moved to fire the three others, leading to years-long termination and arbitration processes during which the school continued to pay their six-figure salaries, including raises.
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In 2021, Haber and Cojocaru settled their suit against the college and the other professors, with CUNY paying over $609,000. According to the terms of the settlement, the accused professors were not required to pay any money to Haber and Cojocaru. All of the claims in the ongoing case were dismissed except for Curtis’ counterclaims. The students amended their complaint to name only Curtis as a defendant, and narrowed their claims to assert only that Curtis’ counterclaims amounted to unlawful retaliation against them. Curtis also has sued CUNY for gender discrimination. Both of those cases are ongoing.
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Robert Herbst, Curtis’ lawyer, defended his client, stating that the arbitrator “properly found that CUNY’s five-year effort to terminate Dr. Curtis was unwarranted," and that the school’s own investigation “exonerated” his client of all allegations of “sexual assault, forcible or unwanted touching, engaging in exploitative physical contact, consensual sex, [and] unwelcome sexual advances.” He added, “He looks forward to returning to the classroom to once again share his insights with students as one of John Jay College’s most accomplished scholars.”
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While the decision to allow Curtis to return to the classroom has raised eyebrows, it serves as a stark reminder of the complexities and challenges that institutions face when dealing with allegations of misconduct. It also underscores the importance of due process and the need for thorough investigations to ensure justice is served. As the saga continues, the John Jay College community and the wider public will be watching closely to see how the situation unfolds.