No evidence in Seton Hall sexual harassment claim, investigation finds

An independent investigation found no evidence to support accusations that former board chairman Kevin Marino sexually harassed Seton Hall University ex-president Joseph Nyre’s wife.

After Nyre and his wife, Kelli, sued the private Catholic university in February, New York City-based firm Perry Law came in the following month to examine the claims.

Conducted by Karen Friedman Agnifilo, a former prosecutor, the probe found it “highly unlikely that the events occurred” as outlined in the couple’s complaint brought in Essex County Superior Court.

The report’s findings became public last week, after Marino’s attorneys filed an amicus brief to get the lawsuit tossed. Seton Hall also seeks dismissal of the complaint and filed its motion in March.

In the 16-page report, investigators said they did not uncover any evidence that the university “intentionally ignored or diminished any such allegations made by the Nyres.”

Investigators also noted that they interviewed more than a dozen university leaders, while the Nyres repeatedly declined interviews.

“Based on the statements of witnesses and documents provided, we have found no evidence to corroborate the Nyres’ allegations that Mr. Marino sexually harassed or otherwise behaved inappropriately with Mrs. Nyre.”

“In fact, witness recollections and additional documentation, such as emails and text messages, support that Mr. Marino and Mrs. Nyre maintained a friendly relationship until Mrs. Nyre first made allegations of harassment to SHU’s Title IX office on Dec. 1, 2023. These particular allegations were reported after more than a year of personal conflict between Mr. Marino and Dr. Nyre, and what the Nyres viewed as inaction by the University concerning those issues,” the report said.

At issue

While Nyre's lawsuit does not name Marino as a defendant, he appears throughout and accused of committing various misdeeds.

A well-known criminal defense attorney, Marino chaired Seton Hall’s board of regents while Nyre served as president from August 2019 to July 2023.

Nyre resigned last year in the wake of an embezzlement scheme at Seton Hall’s law school. The plot saw a group of longtime employees steal nearly $1 million over the course of several years. A month before the scandal broke in December 2022, the law school’s dean, Kathleen Boozang, stepped down after more than seven years in charge . Boozang has since returned to a faculty position.

When Nyre left his post, he cited the need for new leadership as the university concluded its three-year strategic plan.

In February, Nyre filed a lawsuit against the university alleging violations of New Jersey’s Conscientious Employee Protection Act (CEPA), discrimination and retaliation in violation of New Jersey’s Law Against Discrimination (NJLAD), and breach of the Separation and General Release Agreement between Nyre and Seton Hall.

Among his demands were back pay, reinstatement and benefits.

In addition to allegedly subjecting Nyre’s wife to several acts of sexual harassment like touching her back, placing his hands on her shoulders and kissing her on the neck the lawsuit claims Marino interfered with the law school embezzlement investigation.

It also said Marino repeatedly tried to “force” Nyre to admit underqualified students and “wrongfully” weigh in on hiring procedures.

When Nyre blocked the alleged requests and notified school officials, Marino reportedly mounted a monthlong campaign of retaliation, according to the lawsuit. Nyre also claims that Seton Hall allowed the harassment to continue and led to his “constructive discharge.”

‘An obvious sham’

Marino’s attorney, Chris of Roseland-based Lowenstein Sandler LLP, said in a statement, “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.”

According to the report, investigators found evidence that Nyre encouraged a former chief financial officer at Seton Hall to make a false claim of harassment against Marino.



Porrino said he and his client are “deeply troubled” by the finding. “Suffice to say, we will take the steps necessary to hold the Nyres personally accountable for their actions," he added.

The Nyres’ attorney described the investigation report as “an obvious sham” that “contains misrepresentations and completely inaccurate findings.”

“The university publicly and unambiguously declared both the plaintiffs’ claims to be ‘frivolous’ and ‘completely without merit,’ months before finalizing the investigation report,” R. Armen McOmber of McOmber McOmber & Luber PC in Red Bank said in a statement. “The conclusions of the investigation were a foregone conclusion and were predetermined before the investigation even began.”

McOmber goes on to say, “The investigation report falsely represents [that] the Nyres refused to participate in the alleged investigation despite the university’s repeated attempts to contact them. In reality, investigators were urged by the Nyres’ counsel to interview them regarding Mrs. Nyre’s complaints of sexual harassment throughout December 2023. The University refused and only commenced its ‘investigation’ after the legal complaint had been filed and after the university had already declared what the findings would be.”

Looking ahead

The Nyres' attorney also believes that because Marino filed his motion to dismiss the same day the investigation report was released, it demonstrates he is working “hand in glove” with Seton Hall to “threaten and disparage the plaintiffs for daring to call out the misconduct of the defendants.” Marino is no longer on the school's governing body or any of its subcommittees.

“More than ever, my clients look forward to their day in court,” McOmber said.

Michael Ricciardelli, a spokesperson for Seton Hall, said in a statement, “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 environment for all members of our campus community,” he said.

In April, Seton Hall named Monsignor Joseph Reilly as its 22nd president following an eight-month search. Reilly took over July 1 from interim president Katia Passerini. He most recently served as Seton Hall’s vice provost for academics and Catholic identity.

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