before there was even in the original interrogation with five months five months after that that report month modeline and romeo were then or then interrogated and then it was another two months after that where they building fire and then allowing it to spread once it's already gone to another building and then to bring in holly in boston which addresses higher standards and in a dangerous profession good morning may please the court caroline olsen on behalf of the new york state department of corrections and community supervision and the state of new york docks in gage in a prompt and their investigation of martin's hostile work environment claims would st start with martin's claim that doc's response was unreasonably delayed and that bianco pointed out that the open investigation immediately and within twenty four hours martin was on the phone with the superintendent to speak about her claim the investigator the investigator was on the phone with her gathering facts contact information for the roman relevant correction corrections officers the only two that she had specifically identified and also i'm beginning to wonder to do legal research to understand whether or not there was even a title seven nexus given that this involved conduct that was largely outside of the workplace at least as it appeared initially it's also important to rember that when docs then took the  measure which martin concedes with the fact that in preventing any further discrimination from work i'm self none of the evidence at that point had been substantiated all we had were statements of what are admittedly serious misconduct but just statements without any supporting evidence and notwithstanding that docs took significant action to issue would cease and desist action order to to rorik it then followed up only a month and a half after she returned from me to read to ensure that all security officers for nine consecutive ships were read a memorandum about the cons appropriate workplace conduct and it's important here is that page thirty seven dollars of the of the record that martin really testified that the each the rumors and harassment that she complained of really started in earnest when she got back and so was very short a relatively short period from when she returned from lead and she's claiming that a lot of the rumors really started in earnest until the workplace memorandum was rent and in that light it's important to remember as well that this is a prison and so the and get these are not workers who have who have regular access to computers so really the only way of getting a an announcement out to all staff is to take pleasure of reading from the workplace memo and making an announcement at the beginning of the ship and that has important security implications and and costs this was making it not something a ministerial action but something that actually requires taking time away from having security officers on the floor to make sure everyone understands the zero the zero tolerance policy and conduct its misconduct of this kind is not accepted and is as she kept as martin testified in her deposition the chatter of what she complained of has largely stopped because she she attributed to the fact that kirk coworkers were spoken to by docs so not only have prompt action but we have talking about the photos and in the talking about the photos their argument is that there that could have been prevented there was no reason for that memo not been brought to all the employees much earlier in time february march april and that the way in reading the memo to the employees resulted in the spread of the photos among the officers and the inmates so there was no information that they had in june that they didn't in february and that was even a disciplinary i'm just reading of the  even provided the text messages and till march at that point st or had had the opportunity to speak to the only two an individual that martin had identified by name at that time it was not clear how far the images had spread if at all remember all martin did was say here some text messages and we know from more and myers that they had said they received it on a group text message where they didn't recognize any of the other numbers so it's not clear if anyone at at the jail at the prison other than anything more than four jewels beforehand for the individuals actually receive them so we're dealing with a number unsubstantiated claims we're also dealing with as i said a prison context where what may seem like a ministerial act reading from a memo as i said actually entails quite a significant administrative burden that doc has sort of in the best of that's a good job security risks as to whether having having to take the time not to read this at the beginning of nine consecutive shift that has i ications for six for security on the floor and so they were taken to do that actually requires a lot of thought to make sure that they are right and that this action in the program is necessary and that the benefits of doing that outweigh th after which is a remedy that martin herself has alleged what was said was what she wanted and was sufficient and largely dealt with her concerns the only other point person she actually specifically identified as having concerns about was sergeant white and again these complaints the complaint had no details about what really what she told him specifically what and there's no information about time except that at page eighty nine of the record it is it appears that again work was already out it was already suspended and so at that point that had already implemented what is admittedly very severe and effective punishment against war and so there's really not a whole lot of detail about how investigation required to determine what was act what had actually happened how far the conduct had spread in this case by contrast we had a number of very big allegations which were not substantiated and when they were if there was a very long delay before any remedial action was that five to five weeks but when it happened it was very clear that the fire part department was really just brushing off or concerned because they imposed a two day suspension within your recommendation that the perpetrator apologized which was never followed up on and he did not in fact apologize here we have a series of escalating remedial action that involved the interview or interrogation of ten witnesses if a  was otherwise available and so the combination of the complexity of the investigation the and the appropriateness of the remedial action and to the to my to my colleagues point that there is some kind of higher bar in the security it point that as an m p is the allegations are very serious and it's important that martin is that her coworkers or cooperate with her but they're there for their office countervailing concerns one is the security interest at the prison and the of the time of having the security officers detained in order to read that to them is time that they're not on the floor ensuring the security and safety of everyone in the facility but even beyond that the the record here is very clear there are also concerns about the rights of the other officer sergeant worked for example had his own rights and had had but not the kind of swift justice that martin is requesting that could have subject decision that that would be that was an effective means of tamping down discrimination and she and she and she  they and generalized statements and information that martin was providing to fraser on the ground but a case by case determination and missed particular instant investigation with appropriate how we presented a very different set a factual circumstance