C. N. v Sigma Delta Tau Society
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Brief Summary
This personal injury case concerns whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) (9 USC §§ 401, 402) [renders predispute arbitration agreements invalid and unenforceable, at the election of the complainant, in sexual assault and sexual harassment cases] bars arbitration of a negligence action against a sorority that allegedly required a student member to attend an event where she was later sexually assaulted by a third party.
The Supreme Court, Nassau County, granted the defendants' motion under CPLR 7503(a) [procedure to compel arbitration and stay a court action] and directed the plaintiff to arbitrate under the sorority membership contract.
The Appellate Division reversed the order compelling arbitration and staying the action.
The court held that the plaintiff's negligence claim 'relates to' a 'sexual assault dispute' within the meaning of the EFAA because the complaint alleges that the sorority's failure to supervise and protect members at a required event led to the sexual assault. The statute does not require that the defendant itself committed the assault or that the cause of action be labeled as sexual assault.
Background
The plaintiff, a SUNY Cortland student and member of Sigma Delta Tau, alleged that the sorority required its members to attend a mixer hosted by a fraternity that had previously been removed from campus and disaffiliated because of prior dangerous conduct. According to the complaint, alcohol and other intoxicating substances were provided at the event, the plaintiff became impaired, and a fraternity member took her to a nearby location and sexually assaulted her. In this action, the plaintiff sued the sorority for negligence, alleging that it failed to supervise and protect its members at the mandatory event. She separately sued the alleged abuser and the fraternity for the assault itself. The sorority sought to enforce an arbitration clause in the plaintiff's February 2023 membership contract requiring arbitration in Indiana.
Lower Court Decision
The lower court concluded that the arbitration provision in the membership contract was enforceable and granted the defendants' motion pursuant to CPLR 7503(a) [procedure to compel arbitration and stay a court action], compelling arbitration in Indiana and staying the lawsuit.
Appellate Division Reversal
The Appellate Division reversed, holding that the EFAA applies because the complaint alleges a dispute involving a nonconsensual sexual act and the negligence claim against the sorority has a clear logical nexus to that sexual assault dispute. The court emphasized that the statutory phrase 'relates to' is broad, and that the EFAA does not require a direct sexual assault claim against the party seeking arbitration. Since the plaintiff alleged that the sorority's negligent supervision placed her in the circumstances leading to the assault, the predispute arbitration agreement was unenforceable at her election.
Legal Significance
The decision presents an issue of first impression in the Appellate Division, Second Department and broadly interprets the EFAA. It confirms that claims styled as negligence may fall within 9 USC § 402(a) when they are logically connected to alleged sexual assault, even if asserted against a third party that did not itself commit the assault. The ruling aligns New York appellate authority with federal decisions construing the EFAA expansively.
A defendant cannot enforce a predispute arbitration clause merely because the complaint is framed as negligence rather than sexual assault. If the case is filed under state or federal law and the pleaded claims are sufficiently connected to an alleged sexual assault dispute, the EFAA allows the claimant to keep the case in court.