An independent third-party investigation released last week found no evidence to support the allegations that Kelli Nyre, the wife of former Seton Hall University President Joseph Nyre, had been sexually harassed by the former chairman of the school’s board of regents.
The report, requested by the school and completed by Perry Law of New York, said it was “highly unlikely that the events occurred.”
The dispute between the Nyres, the school and former board of regents Chair Kevin Marino appears to be far from over.
The attorney for Marino, Chris Porrino of Lowenstein Sandler in Roseland, said he was pleased that the report exonerated his client — but, he said the report raised questions about the conduct of Joseph Nyre in the process.
“We are gratified but not surprised by the report of the independent investigator and veteran prosecutor, which concludes that there is no evidence whatsoever to substantiate Kelli Nyre’s harassment allegations against Mr. Marino,” Porrino said in a statement.
Porrino said he was “troubled” that the report suggests Joseph Nyre may have encouraged another woman to file a harassment complaint against Marino.
“We are also deeply troubled by the suggestion that Dr. Nyre encouraged at least one other woman to make a false harassment claim against Mr. Marino,” Porrino said. “Suffice to say, we will take the steps necessary to hold the Nyres personally accountable for their actions.”
The attorney for the Nyres, R. Armen McOmber of McOmber McOmber & Luber in Red Bank, unequivocally denied the allegation.
“The idea that (the former president) was soliciting and attempting people to get people to lie about Marino and come up with false complaints is a complete and utter fabrication — and will be shown to be as the case moves forward,” he said.
The incident Porrino refers to is on pages 13-14 of the 15-page report by Perry Law.
According to the report, the school’s former chief financial officer, Donna McMonagle, certified in writing on June 12 that in March 2023, Joseph Nyre asked her pointed questions about how Marino physically positioned himself in a conversation with her.
McMonagle, the report said, indicated she “did not consider (their) interaction to have been sexual in any way.”
The report said McMonagle was subsequently called in for an interview regarding the interaction with Lori Brown, the school’s chief equity, diversity and compliance officer.
According to the report, McMonagle said she made it clear that she did not feel Marino sexually harassed her “in any way.”
McOmber challenged the legitimacy of the report.
“They were retained to exonerate the university completely,” he said. “Marino and the university are working hand in glove in a cooperative way.
“This is a collaborative effort to basically cover this whole thing up.”
McOmber said the allegation shows the issue is far from settled.
“If anything, what this shows is that this matter needs to be fully fleshed out and litigated,” he said. “I think, when it is, my clients are going to completely vindicated — and they’re very much looking forward to that.”
Seton Hall University spokesperson Laurie Pine would not comment on any specifics of the report, pointing instead to a school statement on the matter that read:
“This investigation was scrupulously conducted by a respected third party following university and established Title IX policies and protocols. We are satisfied with the diligence of the investigation and its conclusions.
“Seton Hall University has an unwavering commitment to fostering a safe, supportive, and inclusive living and learning environments for all members of our campus community.”
The investigation was a part of a larger series of events following Nyre’s announcement in July 2023 that he would be leaving the school following a one-year sabbatical.
At the time, Nyre said the timing for his departure was based on the completion of a campuswide strategic planning initiative — although it came eight months following the announcement that nearly $1 million had been stolen from the Seton Hall Law School by longtime employees.
In February of this year, Nyre filed a lawsuit against the school in Superior Court in Essex County, accusing the school of retaliation after he raised objections about school conduct while also alleging his wife had been sexually harassed by a school official.
The school vehemently denied the allegations at the time in a statement.
“The claims in this filing are completely without merit, and we intend to vigorously contest them,” the statement said. “Beyond this, we will not be commenting on this matter.”
The investigation by Perry Law to address those allegations was conducted by Karen Friedman Agnifilo, a former assistant Manhattan district attorney who had served as deputy chief of the office’s sex crimes unit.
The report was made public last Thursday, after Marino’s attorneys filed an amicus brief to get the entire lawsuit dismissed. Seton Hall also is seeking dismissal of the suit.
Monsignor Joseph Reilly assumed the role of president at Seton Hall on July 1.
