Partner Gregory Kirschenbaum and Phillips & Associates, PLLC filed a lawsuit in Brooklyn Supreme Court on behalf of a former Brooklyn College student who alleges she was subjected to unwanted touching and other inappropriate conduct by a physician assistant at the school's health clinic. The filing was reported in the New York Post's coverage of the Brooklyn College lawsuit.
When an institution allegedly receives similar concerns about the same person, its prior knowledge and its response may become as important as the underlying alleged conduct.
What the Lawsuit Alleges
According to the complaint, the student was treated at the campus health clinic on several occasions between 2022 and 2024. She alleges that the physician assistant made unwanted physical contact during examinations, including guiding her by her lower back, and that she left each visit feeling uncomfortable and violated.
The lawsuit further alleges that when the student asked to be seen by a female provider instead, the clinic's then-director pulled her aside and asked why. According to the complaint, the director acknowledged that others had raised similar concerns about the same provider, yet dismissed those concerns based on assumptions about the provider's age and intentions rather than examining the reported conduct. The student alleges that the provider remained at the clinic afterward, while the former director has since retired.
The New York Post reported that Brooklyn College declined to comment on the lawsuit, citing the ongoing litigation.
Why Prior Complaints and Institutional Notice Matter
A case involving alleged sexual misconduct by a person in a position of trust may raise questions that go beyond one individual. What did the institution know, and when did it learn of the concerns? Did similar complaints exist, and were they documented? Was the response meaningful, or did assumptions about the accused person replace an actual investigation? Were others exposed to similar alleged conduct after earlier concerns were raised?
An institution that allegedly hears the same concern from more than one person faces different questions than one that never received a report, particularly [when others previously complained about the same person]. These are questions raised by the allegations, not established facts, and they will be tested through the legal process.
Warning Signs That an Institution May Have Mishandled a Complaint
Warning signs that a sexual misconduct complaint may have been mishandled include:
- Discouraging someone from documenting a concern or pursuing it further
- Dismissing reported conduct as harmless, cultural, generational, or simply part of the person's personality
- Acknowledging that similar complaints were raised earlier without examining the pattern
- Focusing on the accused person's presumed intentions instead of the conduct that was reported
- Allowing the same alleged risk to continue without meaningful corrective action
Gregory Kirschenbaum on Institutional Accountability
In Gregory Kirschenbaum's experience as litigation counsel, complaints involving people in positions of trust are often minimized because decision-makers focus on whether they personally believe the person intended harm. A serious institutional response looks different. It focuses on the conduct that was reported, asks whether similar concerns were raised before, and examines what the institution did after receiving notice. That framework does not decide any case. It describes how a responsible institution tests a concern instead of explaining it away.
Gregory Kirschenbaum is a Partner at Phillips & Associates who represents employees in sexual harassment, discrimination, and whistleblower retaliation matters. He has recovered millions of dollars for clients through pre-suit negotiations, litigation, and trial, and he has substantial courtroom experience. His record includes a $2.2 million plaintiff verdict and service as trial counsel in Pardovani v. Crown Building Maintenance, where a federal jury returned a $1.8 million verdict. His published biography also identifies multiple six-figure settlements in sexual harassment and quid pro quo matters.
Phillips & Associates is a Chambers-ranked, employee-side employment litigation firm that combines the resources and litigation capacity of a substantial plaintiff-side practice with partner-led, boutique-style representation. Since its founding in November 2011, the firm has represented employees only and has never represented an employer. Every client works with a dedicated litigation team led by a partner or senior litigator and supported by an associate attorney and a paralegal. The firm represents individuals in serious, career-impacting, and abuse-of-power disputes involving institutions, physicians, executives, and other people in positions of authority, work often covered by news organizations. Phillips & Associates has handled more than 2,000 sexual harassment matters, has litigated approximately 2,000 cases, and has recovered more than $360 million for employees. Learn more about why clients choose Phillips & Associates.
Questions About Prior Complaints and Institutional Responses
Why do prior complaints about the same person matter?
Earlier reports about the same person may help show what an institution knew and when it knew it. They may also indicate whether the institution recognized a pattern and whether its response was adequate once it was on notice. How any prior complaints were documented and handled are questions examined through the legal process, not conclusions that can be drawn in advance.
What should someone do if a school or healthcare facility dismisses a sexual misconduct concern?
Preserve communications, including emails, messages, and patient portal records. Write down what was reported, to whom, and when, along with any response received. Seek appropriate medical or emotional support, and obtain legal advice about available options and any deadlines that apply. Not every report creates a legal claim, and no outcome can be guaranteed, but early documentation and early legal advice help protect whatever options exist.
Speak With Phillips & Associates
If you experienced sexual harassment, sexual abuse, unwanted touching, misconduct by a healthcare provider or school employee, or abuse of authority by someone in a position of trust, or if an institution failed to respond to earlier complaints, Phillips & Associates can review what happened. Consultations are free and confidential, and speaking with the firm does not commit you to filing a lawsuit. Call 866-229-9441 or contact us online.