Cooperstown, ex-officer settle sexual harassment suit

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May 18, 2012

Cooperstown, ex-officer settle sexual harassment suit

By JIM AUSTIN The Cooperstown Crier The Daily Star Fri May 18, 2012, 09:41 AM EDT

Attorneys for former police officer Jennifer Gilbert and the insurance company representing the village of Cooperstown settled a sexual harassment lawsuit Tuesday.

The suit was brought against the village by Gilbert in 2008, Martin Tillapaugh said. The suit was filed before his appointment as village attorney and was handled by attorneys for the village's insurance carrier, he said.

Gilbert was hired as a police officer by the village in June 2007 with a one-year probationary position and the understanding she must successfully complete the Police Academy.

She claimed, among other things, that during her employment, Sgt. Mark Fassett subjected her to ongoing sexual harassment and created a hostile work environment.

The conduct, which began in August 2007, included unwanted sex-based statements and comments to her, according to an earlier decision in the case by Senior U.S. District Judge Thomas McAvoy in Binghamton.

Gilbert failed to graduate from the academy and was subsequently let go by the village.

In McAvoy's earlier decision, he dismissed nine of the claims in Gilbert's suit, but let stand the remainder.

Tillapaugh said he knew a jury had been selected a couple of weeks ago and that the trial was under way, but it was not close to going to the jury.

"I really don't know what it settled for," he said. "It was settled well within the limits of the village's insurance coverage. The policy gives the insurance company the authority to settle. It is totally under the control of the insurance company."

Tillapaugh said the village's sole obligation or liability is the amount of the deductible with its insurance policy. He said he believes the deductible amount is $10,000.

"All I can say is that I was informed it was settled. The insurance company lawyers took care of it," Mayor Jeff Katz said. "I really know nothing other than that."

The telephone number listed for Gilbert was not in service, and she could not be reached for comment.

Fassett was not on duty Thursday and was unavailable for comment.