Former professor sues Manhattanville claiming post-gender transition discrimination

PURCHASE ‒ Petra Gardella had worked as a professor of religion at Manhattanville College since 1983. But the professor was then named Peter. As first names changed, the professor asserts, so did treatment by the longtime employer.

By the end of 2022, Gardella had resigned a tenured faculty position, under duress and citing restrictions that had hampered the professor's ability to function in the campus environment and effectively perform the duties of the job.

The change in treatment by the employer, Gardella asserts, stems from the professor coming forward with a gender transition.

"'Trans' and 'Gender fluid' are the best descriptive phrases for my identity," said Petra Gardella, who finds the use of pronouns in English generally unwelcome. As a professor and writer with a robust body of work, oftentimes Gardella has used Petra, with Peter in parentheses, or the other way around, on academic and personal writings.

Gardella is suing Manhattanville in U.S. District Court, claiming the college violated Title VII of the Civil Rights Act of 1964 and New York State Human Rights Law. The college, claims the notice filed April 9 in U.S. District Court Southern District of New York, discriminated "on the basis of sex/gender and/or gender identity."

Manhattanville: we're a 'leader in social responsibility'

In a June 13 court filing, Manhattanville denied the allegations.

A spokesperson for the institution, now known as Manhattanville University, said it could not comment on pending litigation.

But, spokesperson Cara Cea added, Manhattanville University has longstanding policies and practices of non-discrimination and a national reputation for inclusivity.

"Manhattanville University continues to be a leader in social responsibility and social mobility as it serves an increasingly diverse student population," Cea said. "Our long history of promoting inclusive excellence is well-documented and reflects our unwavering commitment to fostering a community where every individual feels valued and respected. Manhattanville University remains steadfast in its mission to provide a diverse, inclusive, and equitable workplace and learning environment for all."

Gardella's goal, as stated in the claim: "Plaintiff seeks damages to redress the injuries Plaintiff has suffered as a result of being discriminated against on the basis of Plaintiff's sex/gender and/or gender identity."

Gardella, in email correspondence, put it this way: "I want public proof for the leaders and members of the Manhattanville community, including alums and trustees, that Manhattanville mistreated me very badly and ignored many opportunities (including its own internal procedures) to resolve this issue. Manhattanville should not be allowed to present itself as a tolerant or progressive force unless it recognizes its misbehavior."

Nathaniel Charny of Charny & Wheeler P.C. of Rhinebeck represents Gardella.

The case is before U.S. District Court Judge Kenneth Karas.

Anonymous report about Gardella coming out in class

Gardella had taught religion, including a sexuality and religion course, for decades at Manhattanville and other college campuses.

Gardella's reviews on Rate My Professor bundle at the top ratings of "awesome" and "great" and at the bottom "awful" rating. Lectures were described, by both fans and detractors, as extemporaneous at best. But most reviewers acknowledged a mastery of the subject matter.

Assigned male at birth and named Peter, Gardella started taking hormone replacement therapy in August 2018, at age 67.

Gardella recalled teaching about sexuality and religion for decades on various campuses "without a single student or faculty or administrative complaint."

"But as soon as I revealed myself as trans in April of 2019, everything changed, and after I began to teach in person as Petra, in 2020, things changed even more."

On April 24, 2019, Gardella came out as transgender while teaching a course called Sexuality and Religion, a course Gardella had taught at Manhattanville since 1984. The topic was relevant to the class, Gardella said. Plus, students had been asking about preferred pronouns.

Gardella said about a week later, the college's human resources director emailed Gardella, seeking a meeting, citing an anonymous report that students were talking about the class.

Gardella sent a copy of the course syllabus, which had long included a trigger warning explanation that the class curriculum would include explicit discussions of sex and sexuality.

Gardella never met with HR. In May 2019, Gardella reported meeting with Manhattanville's then-President Michael Geisler. After explaining the transition, Gardella believed Geisler was "alright" with the situation, according to the court complaint.

'Targeting behavior' alleged in lawsuit

Gardella's suit maintains that there was a pattern of isolating and targeting behavior toward the professor.

"I knew that there was such a thing as male privilege," Gardella said in an email interview, "but I had no idea how powerful it is."

Among the incidents cited in Gardella's legal action:

In December 2019, Gardella reports being warned by a provost that students could file a Title IX complaint if the professor wore a dress while teaching. That created a chilling effect, Gardella's lawsuit asserts.

Gardella was disciplined after emailing colleagues who had been in consecutive ZOOM meetings in October 2020. According to the complaint, Gardella had appeared during remote meetings wearing different wigs; the professor later asked colleagues which wig they preferred, eliciting pushback from the administration. Gardella challenged the reaction as discriminatory, maintaining that personal information, including pictures of kids and pets, were frequently shared among colleagues.

In November 2020, the lawsuit recounts, a student affairs official floated a proposal to change the college's LGBTQ references to LGB, basically removing transgender and queer/questioning references. Gardella interpreted this as animus toward transgender people. The policy was not changed.

Gardella said in the fall of 2020, a series of accusations of violating various policies were lodged against the professor.

In January 2021, sanctions were imposed on Gardella, including suspension from using college listservs and attending faculty meetings; removal from all faculty committees; and a permanent ban on attending college community activities.

A faculty review committee in June 2021 recommended the bans be lifted, citing a lack of due process, according to the federal suit. That was rejected and the bans stood.

The New York State Division of Human Rights in October 2021 found probable cause to continue a discrimination investigation. The case was "dismissed for administrative convenience" on Nov. 28, 2023, because Gardella was pursuing federal legal action.

Gardella's decision to leave

Meanwhile, the college was offering buyouts, with a year's salary offered for those who retired as of the end of the fall 2022 semester. But those who took the deal had to sign a non-disparagement clause with the college.

Gardella, instead, notified Manhattanville of a December 2022 retirement, but charged it was because of "constructive dismissal." In other words, as far as Gardella was concerned, the college had made it impossible to do the job.

The college gave Gardella a "no contact" order that barred communication with key administration during the last three months of Gardella's work. It was a situation Gardella deemed "intolerable" in the federal complaint.

Gardella, who repeatedly expressed a love for the school, said that Manhattanville ignored many opportunities, including its own internal procedures, to resolve the issue.

Gardella also said that the public should understand the discrimination that people who identify as trans face.

"Young trans academics should see an example that they can dress as they like and share their lives with their colleagues and students to the same degree as anyone else," Gardella said. "Trans professors should not have to face the choice of 'passing' or disappearing."

Nancy Cutler writes about People & Policy for lohud.com and the USA Today Network New York. Reach her at ncutler@lohud.com; follow her on X (Twitter), Threads and Instagram at @nancyrockland.

This article originally appeared on Rockland/Westchester Journal News: Transgender professor sues Manhattanville University over rights