NORWICH – “Hesitant, soft spoken and naive” – those are the words that Administrative Law Judge Christine Marbach Kellett used in her ruling to describe the demeanor of the young Norwich woman who was awarded $500,000 in a sexual harassment case filed with the Human Rights Division of New York State.
The girl, who was employed at the Quizno’s sub shop in Norwich, claimed she was the victim of sexual harassment and assault at the hands of her employer.
In an interview with The Evening Sun Tuesday, the girl, who worked at the shop for approximately four months, described partial owner and manager Dale Blackwood as “pushy and weird” from the start, and while she admits she thought Blackwood and his partner Melissa Almonor were “cool” at first, she soon became uncomfortable in the work environment.
According to the girl, whose name is being withheld in accordance with The Evening Sun’s policy of not identifying victims of sex crimes, Blackwood often talked about his other business interests, which included photography and music, and he repeatedly asked the girl, then a high school senior, to come to his apartment and see his photographs. After three weeks of requests, the girl said her employer started threatening her job if she didn’t go.
“He wouldn’t take no for an answer. I didn’t know what to do,” she said. When the girl did go to Blackwood’s apartment, she said he sexually assaulted her. She confided in one friend, but told no one else.
The girl continued to work at the restaurant, but asked not to work with Blackwood. However, Almonor scheduled the two of them to close the shop together on several occasions, she said.
“It was in the back of my head the whole time. I didn’t like working with him,” she said.
As more time passed, and Blackwood continued asking the girl to come to his apartment, she said she became increasingly uncomfortable. The last time she refused to go to Blackwood’s apartment, he said he would take that to mean she had quit, she recalled.
The girl explained that part of the reason she trusted Blackwood and went to his apartment was because he was her superior. “That’s the hardest thing. You can’t judge anyone by looking at them or hearing them. Anyone can say anything,” she said.
The girl admits she waited months before notifying the Norwich City Police about what had happened the night she went to Blackwood’s apartment. By that time, it was difficult to find physical evidence of the crime. The police sent the girl to District Attorney Joseph McBride, but to date, criminal charges have not been filed.
McBride could say little about the case, but explained that there was a thorough investigation. “We consider all allegations of rape very seriously. We prosecute every case that we can prove beyond a reasonable doubt,” McBride said. He explained that he suggested the girl file a complaint with the State Division of Human Rights.
McBride explained that some cases are ripe for civil court, but not good cases to be prosecuted due to the fact that in civil matters, the burden of proof is lower than in criminal court. In civil cases, the juror or judge render a verdict on the basis of the preponderance of the evidence, not proof beyond a reasonable doubt.
McBride said at the moment he is not sure what his office is going to do in terms of this case, but the statute of limitations on felonies is five years, so the case will stay open during that time.
Kumiki Gibson, commissioner of the Human Rights Division, explained this case merited the $500,000 figure due to the severity of the harassment. Of the 5,000 complaints filed with the department each year, 400 turn out to be legitimate sexual harassment claims, in either employment or housing. This was one of the more serious complaints, he said.
Gibson explained the case merited a high award due to the sexual assault and continued harassment. “The ruling was influenced by the severity of the case and the anguish and suffering of someone so young. If this had happened to a woman with a lot of experience with men or different employers, it might have ended differently, but she clearly did not have that experience, and she suffered considerably.”
The Human Rights Division looks for consistency in evidence, and Gibson said they had that in this case. “There was some evidence of prior mistreatment, and that the employer and co-owner of the shop knew about it,” Gibson said. She explained she hopes other young employees know to complain to a superior if they feel they are being harassed, to file a complaint with the Human Rights Division if they feel aggrieved and most importantly to remove themselves from a situation if they feel it is dangerous.
While the young woman has not found closure yet, she said confronting the man who attacked her felt good. “As long as he is labeled, everyone knows what he’s done,” she said.
The girl and her mother hope other employees who felt harassed or violated by the employers will come forward. “If anybody else has any information, I hope they come forward and notify the authorities,” the girl’s mother said.
The young woman said she hopes her story will encourage other young people to keep their heads up and be careful. “We don’t want to see this happen to anybody else,” her mother said.