A former Florida Atlantic University dean’s sex-discrimination lawsuit is very much alive after a federal magistrate recommended that the case move forward, turning back FAU’s effort to end or shrink the fight before it really begins.
U.S. Magistrate Judge Ryon M. McCabe issued a 12-page report and recommendation on June 23, 2026, finding that former Dean of Students Audrey L. Pusey’s amended complaint plausibly alleges discrimination, retaliation and a hostile-work environment. Pusey, who worked in FAU’s student-affairs office from 2017 until early 2025, says the treatment she describes in the lawsuit ultimately forced her to resign.
Magistrate Recommends Denying FAU’s Motion
McCabe urged the court to deny Florida Atlantic’s motion to dismiss, concluding that Pusey’s filing has enough factual detail to survive the initial challenge. In his report, the magistrate wrote that a complaint need only “provide enough factual matter to plausibly suggest intentional discrimination or retaliation,” and said Pusey’s timeline and allegations clear that relatively low bar at the pleading stage, according to Justia.
That recommendation keeps all three counts on the table for now, including the hostile-work-environment claim that FAU had urged the court to toss out early.
Allegations In The Complaint
Pusey’s lawsuit paints a picture of a dean steadily sidelined. She says her supervisor froze her out of search committees, high-level meetings and operational planning, removed the Dean of Students office from marketing materials and slashed her budget. At one meeting, colleagues allegedly passed a termination letter back and forth in front of her, according to Tampa Free Press.
The complaint also says Pusey raised the alarm repeatedly, making more than 19 informal complaints to university officials. She initiated an EEOC inquiry in June 2024 and ultimately resigned in mid-February 2025 after reporting what she describes as retaliatory and hostile conduct.
What Happens Next
The magistrate’s recommendation gives both sides 14 days from the date they are served to file written objections with U.S. District Judge Aileen M. Cannon. The referral sets a firm deadline for those objections, which will determine how and when the district judge takes up the issue.
If Judge Cannon adopts McCabe’s recommendation, the case will move into discovery, where both parties can demand documents, emails and testimony under oath. McCabe was clear that FAU will get another shot at narrowing the case later, noting that the university may re-raise its challenge to the hostile-work-environment claim when the record is more developed. The report said the defendant “remains free to revisit Count 3 at summary judgment,” according to Justia.
Background
Pusey first filed her civil-rights action in late 2025 after raising concerns internally. The FAU campus paper reported that the lawsuit seeks monetary relief including back pay, front pay, compensation for emotional distress and attorney's fees, and noted that the university declined to comment on the pending litigation when asked about the initial filing, according to FAU's University Press.
The magistrate’s report and recommendation largely tracks the narrative in Pusey’s amended complaint, as outlined by the campus outlet. Whether the case ultimately becomes a marker for how courts handle hostile-work-environment claims at Florida’s public universities will depend on what turns up in discovery and how Judge Cannon rules down the line. For now, the recommendation keeps Pusey’s Title VII claims very much alive and starts the clock on the next round of legal sparring.
